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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).





































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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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