On

ART.245

The penalties of prision correccional in its medium
and maximum periods and temporary special
disqualification shall be imposed:


ELEMENTS:
1. That the offender is a public officer;
2. That he solicits or makes immoral or indecent advances
    to a woman; and
3. That such woman must be –
   a. interested in matters pending before the offender
      for decision, or with respect to which he is
      required to submit a report to or consult with a
      superior officer, or
   b. under the custody of the offender who is a warden
      or other public officer directly charged with care
      and custody of prisoners or person under arrest, or
   c. the wife, daughter, sister or relative within the
      same degree by affinity of the person in the custody
      of the offender.

Acts punished:
1. Soliciting or making immoral or indecent advances to
    a woman interested in matters pending before the
    offending officer for decision, or with respect to
    which he is required to submit a report to or consult
    with a superior officer;
2. Soliciting or making immoral or indecent advances to
    a woman under the offender’s custody;
3. Soliciting or making immoral or indecent advances to
    the wife, daughter, sister or relative within the same
    degree by affinity of any person in the custody of the
    offending warden or officer.


The mother of the person in the custody of the public
officer is not included but the offender may be
prosecuted under the Section 28 of  Republic Act
No. 3019 (Anti-graft and Corrupt Practices Act).


To solicit means to propose earnestly and persistently
something unchaste and immoral to a woman.

Proof of solicitation is not necessary
when there is sexual intercourse.


The advances must be immoral or indecent.

The crime is consummated by mere proposal.

Proof of solicitation is not necessary when there is
sexual intercourse.

If the offender were not the custodian, then crime
would fall under Republic Act No. 3019
(The Anti-Graft and Corrupt Practices Act).

Abuse against chastity is not absorbed in rape
because the basis of penalizing the acts is
different from each other.