Prosecution of Adultery, Concubinage, Seduction, Abduction And Acts of lasciviousness
On Criminal Law
Prosecution of Adultery, Concubinage, Seduction, Abduction, And Acts of lasciviousness
ART.344
1. Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse.
2. Seduction, abduction, or acts of lasciviousness must be prosecuted upon complaint signed by:
a. offended party,
b. by her parents,
c. grandparents, or
d. guardians
- in the order in which they are named above.
General Rule: Marriage in good faith of the offender w/ the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This applies as well to the accomplices, accessories-after-the-fact.
Exception: In case of multiple rape.
Who may file the complaint?
- Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse.
The court motu proprio can dismiss the case for failure of the aggrieved party to file the proper complaint even if the accused never raised the question on appeal.
Crimes against chastity prosecuted de oficio.
Pilapil v. Ibay-Somera
A foreigner, married to a Filipina, was able to obtain a decree of divorce in another country against the latter. After the issuance of the decree of divorce, the foreigner filed 2 complaints of adultery against the accused.
HELD: The person who initiates an ADULTERY / CONCUBINAGE case must be an offended spouse, and by this is meant that he is still married to the accused spouse, at the time of the filing of the complaint.
Adultery and Concubinage
The offended party cannot institute criminal prosecution without including BOTH the guilty parties if they are alive.
Consent and pardon bar the filing of a criminal complaint.
Both parties must be included in the complaint even if one of them is not guilty.
Prosecution of rape may be made upon complaint by any person.
When the offended party is a minor, her parents may file the complaint.
When the offended party is of age and is in complete possession of her mental and physical faculties, she alone can file the complaint.
The term “guardian” refers to legal guardian.
The complaint must be filed in court, not with the fiscal.
In case of complex crimes, where one of the component offenses
is a public crime, the criminal prosecution may be instituted
by the fiscal.
Effect of Pardon:
Pardon of the offenders by the offended party is a bar to prosecution for adultery or concubinage.
Pardon must exist before the institution of the criminal action.
Both offenders must be pardoned by the offended party.
Delay in the filing of complaint, if satisfactorily explained, does not indicate pardon.
Condonation or forgiveness of one act of adultery or concubinage is not a bar to prosecution of similar acts that may be committed by the offender in the future.
Consent:
- may be express or implied
- given before the adultery or concubinage was committed
- Agreement to live separately may be evidence of consent.
- Affidavit showing consent may be a basis for new trial.
Seduction, Abduction, Acts of lasciviousness
Must be prosecuted complaint signed by:
1. Offended Party
i. even if a minor
ii. of legal age and not incapacitated, only she can file the
complaint
iii. minor or incapacitated and refuses to file, either of the
following persons may file
2. Either of the parents
3. Either of the grandparents paternal or maternal side
4. Legal or Judicial Guardian
5. The State as parens patriae when the offended party dies or becomes incapacitated before she could file the complaint and has no known parents, grandparents, or guardians
Effect of Pardon:
Offended party cannot institute criminal proceedings if the offender has been EXPRESSLY pardoned by the offended party, or her parents, grandparents or guardian.
Pardon by the parent, grandparent, or guardian must be accompanied by the express pardon of the offended woman.
The right to file action of the parents, grandparents and guardian shall be EXCLUSIVE of other persons and shall be exercised successively in the order provided.
Pardon by the offended party who is a minor must have the concurrence of parents, EXCEPT when the offended party has no parents
When the offended party is a minor, her parents may file the complaint.
Offended party is of age and is in complete possession of her mental and physical faculties, she alone can file the complaint.
The guardian must be legally appointed by the court.
Rape complexed with another crime against chastity need NOT be signed by the offended woman, since rape is a public crime.
When the evidence fails to prove a complex crime of rape with another crime, and there is no complaint signed by the offended woman, the accused CANNOT be convicted of rape.
Marriage of the offender with the offended party in seduction, abduction, acts of lasciviousness and rape, extinguishes criminal action or remits the penalty already imposed.
Marriage (in cases of seduction, abduction, and acts of lasciviousness) extinguishes the criminal action even as to co-principals, accomplices, and accessories.
Marriage must be entered into in good faith.
Marriage may take place AFTER criminal proceedings have commenced, or even after conviction (extinguishes criminal action and remits penalty).
1. Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse.
2. Seduction, abduction, or acts of lasciviousness must be prosecuted upon complaint signed by:
a. offended party,
b. by her parents,
c. grandparents, or
d. guardians
- in the order in which they are named above.
General Rule: Marriage in good faith of the offender w/ the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This applies as well to the accomplices, accessories-after-the-fact.
Exception: In case of multiple rape.
Who may file the complaint?
- Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse.
The court motu proprio can dismiss the case for failure of the aggrieved party to file the proper complaint even if the accused never raised the question on appeal.
Crimes against chastity prosecuted de oficio.
Pilapil v. Ibay-Somera
A foreigner, married to a Filipina, was able to obtain a decree of divorce in another country against the latter. After the issuance of the decree of divorce, the foreigner filed 2 complaints of adultery against the accused.
HELD: The person who initiates an ADULTERY / CONCUBINAGE case must be an offended spouse, and by this is meant that he is still married to the accused spouse, at the time of the filing of the complaint.
Adultery and Concubinage
The offended party cannot institute criminal prosecution without including BOTH the guilty parties if they are alive.
Consent and pardon bar the filing of a criminal complaint.
Both parties must be included in the complaint even if one of them is not guilty.
Prosecution of rape may be made upon complaint by any person.
When the offended party is a minor, her parents may file the complaint.
When the offended party is of age and is in complete possession of her mental and physical faculties, she alone can file the complaint.
The term “guardian” refers to legal guardian.
The complaint must be filed in court, not with the fiscal.
In case of complex crimes, where one of the component offenses
is a public crime, the criminal prosecution may be instituted
by the fiscal.
Effect of Pardon:
Pardon of the offenders by the offended party is a bar to prosecution for adultery or concubinage.
Pardon must exist before the institution of the criminal action.
Both offenders must be pardoned by the offended party.
Delay in the filing of complaint, if satisfactorily explained, does not indicate pardon.
Condonation or forgiveness of one act of adultery or concubinage is not a bar to prosecution of similar acts that may be committed by the offender in the future.
Consent:
- may be express or implied
- given before the adultery or concubinage was committed
- Agreement to live separately may be evidence of consent.
- Affidavit showing consent may be a basis for new trial.
Seduction, Abduction, Acts of lasciviousness
Must be prosecuted complaint signed by:
1. Offended Party
i. even if a minor
ii. of legal age and not incapacitated, only she can file the
complaint
iii. minor or incapacitated and refuses to file, either of the
following persons may file
2. Either of the parents
3. Either of the grandparents paternal or maternal side
4. Legal or Judicial Guardian
5. The State as parens patriae when the offended party dies or becomes incapacitated before she could file the complaint and has no known parents, grandparents, or guardians
Effect of Pardon:
Offended party cannot institute criminal proceedings if the offender has been EXPRESSLY pardoned by the offended party, or her parents, grandparents or guardian.
Pardon by the parent, grandparent, or guardian must be accompanied by the express pardon of the offended woman.
The right to file action of the parents, grandparents and guardian shall be EXCLUSIVE of other persons and shall be exercised successively in the order provided.
Pardon by the offended party who is a minor must have the concurrence of parents, EXCEPT when the offended party has no parents
When the offended party is a minor, her parents may file the complaint.
Offended party is of age and is in complete possession of her mental and physical faculties, she alone can file the complaint.
The guardian must be legally appointed by the court.
Rape complexed with another crime against chastity need NOT be signed by the offended woman, since rape is a public crime.
When the evidence fails to prove a complex crime of rape with another crime, and there is no complaint signed by the offended woman, the accused CANNOT be convicted of rape.
Marriage of the offender with the offended party in seduction, abduction, acts of lasciviousness and rape, extinguishes criminal action or remits the penalty already imposed.
Marriage (in cases of seduction, abduction, and acts of lasciviousness) extinguishes the criminal action even as to co-principals, accomplices, and accessories.
Marriage must be entered into in good faith.
Marriage may take place AFTER criminal proceedings have commenced, or even after conviction (extinguishes criminal action and remits penalty).
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