ART.-332-339- report. powerpoint revised penal code

criminal law; exemption from criminal liability report

1. CHAPTER 10 EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY

2. ARTICLE 332 Persons exempt from criminal liability. No criminal, but only civil liability shall result from the commission of the crime of theft, swindling, or malicious mischief committed or caused mutually by the following persons

3. Spouses, ascendants and descendants, or relatives by affinity in the same line; The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and Brothers and sisters and brothers-in-law and sisters-in-law, if living together the exemption established by this article shall not be applicable to strangers participating in the commission of the crime.

4. 4. Stepparent or adopting parent (being ascendants by affinity), natural children, concubine, paramour, common law spouses (REYES, book two, supra at 931-933

5. Q: Does death extinguish the relationship established by affinity? ANS: NO, the relationship by affinity created between the surviving spouse and the blood relatives of the deceased spouse survives the death of either partry to the marriage which created the affinity (Intestate Estate of Manolita Gonzalez vda de Carungcona v. People G.R no. 181409

6. CRIMES AGAINST CHASTITY CHAPTER 1 ADULTERY AND CONCUBINAGE

7. ADULTERY Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequiently declared void. Adultery shall be punished by prision correctional in it’s medium and maximum periods. If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding pharagraph

8. ADULTERY ELEMENTS That the woman is married That she has sexual intercourse with a man not her husband; and That as regards the man with whom she has sexual intercourse, he must know her to be married

9. Is adultery a continuing offense? NO, the crime of adultery is an instantaneous crime which is consumated and completed at the moment of the carnal union. Each sexual intercourse constitutes a crime of adultery(People v Zapata and Bondoc G.R no. L-3-47)

10. Q. May a husband gaining knowledge of his wife adultery, and thereafter freely and willingly has sexual intercourse with his wife, still instutute an action agaist his wife? ANS: NO, an act of inercourse with the offending spouse subsequent to the adulterous conduct constitutes an impled pardon on the part of the husband in favor of his wife. thus, the husband is barred from instituting the action of adultery

11. ARTICLE 334 Concubinage ELEMENTS: 1.The man must be Married 2.That he committed any of the following acts: a.Keeping a mistress in the conjugal dwelling (the mistress must live therein as such); b.Having sexual intercourse under scandalous circumstances with a woman who is not his wife. c.Cohabiting with her in any other pace (as husbad and wife) 3. As regards to the woman, she must know him to be marriaed

12. Q: What is conjugal dwelling ANS: Conjugal dwelling is the home of the husband and wife even if the wife happens to be temporarily absent on any account.

13. Q: Is the element of having sexual relations, under scandalous circumstances indispensable on the crime of concubinage? ANS: No, It is only when the mistress is kept elsewhere (outside congugal dwelling) that “scandalous circumstance” becomes an element of the crime (U.S vs Macabagbag G.R No. 10564)

14. Q.What is meant by cohabit? ANS: Cohabit means to dwell together, in the manner of husband and wife, for some period of time, as distinguisged from occasional, transient, interviews of unlawful intercourse. hence, the offense is not a single act od adultery; cohabiting in a state of adultery whcich may be a week, a month , a year or longer

15. Chapter 2 Rape and Acts of Lasciviousness

16. Art 335 has been repealed by R.A 8353 or the Anti- Rape Law of 1997

17. TWO KINDS OF ACTS OF LASCIVIOUSNESS Acts of Lasciviousness under the circumstances of rape under Art. 336 Acts of Lasciviousness under the circumstances of of seduction under Art. 339

18. Art. 336 Acts of Lasciviousness Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstance mentioned in the article 335, shall be punished by prision correccional

19. Elements That the offender commits any act of Lasciviousness or lewdness; That the act of lasciviousness is committed agaist a person of either sex; and That it is done under any of the following circsumstances: a. By using force or intimidation; or b. When the offended party is deprived of reason or is otherwise unconscious; c. By means of faudulent machination or grave abuse of authority d. When the offended party is under 12 years of age or is demented

20. Define Lewd Lewd is defined as obscene, lustful, indecent, lecherous. It signifies the form of the immorality which has relation to moral impurity; or that which is carried on a wanton manner

21. Q: What is a lascivious conduct? Sec. 2 (h) of the rules and regulations of R.A 7610 defines “lascivious conduct” as the “intentional touching”, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus ,or mouth, of any person. whether the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person.

22. CHAPTER 3 QUALIFIED SEDUCTION

23. ART. 337 QUALIFIED SEDUCTION The seduction of a minor , sixteen and over but eighteen years of age, committed by any person in public authority, priest, home-servant, domestic guardian, teacher, or any person who, in any capacity shall be entrusted with the education or custody of the minor seduced

24. 2. Seduction by any person who shall seduce his sister or descendant, whether or not she is a virgin or over 18 years of age. Under the provisions of this chapter, seduction is committed when the offender has carnal knowledge of any person and under the circumstances described herein ART. 337 QUALIFIED SEDUCTION

25. ELEMENTS 1. Offended party is a minor 2. The offended party is sixteen and over but under 18 years of age 3. Offender had sexual intercourse with the offended party 4. There is abuse of authority, confidence, or relationship on the part of the offender ART. 337 QUALIFIED SEDUCTION

26. Offenders person in public authority priest house servant domestic servant guardian teacher, one entrusted with the education or custody of the offended party ART. 337 QUALIFIED SEDUCTION

27. ART. 337 QUALIFIED SEDUCTION Elements Offended party need not be a virgin or she may be over 18 years old Offender has sexual intercourse with her Offender is her brother or ascendant, whether legitimate or illegitimate

28. ART. 338 SIMPLE SEDUCTION It is a seduction of a minor over 16 but under 18, commited by means of decit

29. ELEMENTS OF SIMPLE SEDUCTION Offended party is a minor, over 16 but under 18 years of age. Offender has sexual intercourse with her. It is commited by means of decit.

30. QUALIFIED SEDUCTION Specific offenders there is abuse of authority, confidence or relationship SIMPLE SEDUCTION Offender is any person there is decit

31. Acts of Lasciviousness with the consent of the offended party It is commited by any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338. ARTICLE 339

32. Art. 339 Elements Offender commits acts of lasciviousness of lewdness Acts are committed upon a minor, sixteen and over but under eighteen years of age, or a sister or descendant regardless of her reputation or age Offender accomplishes the acts by abuse of authority, confidence relationship or deceit

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