2 CLASSES OF QUALIFIED SEDUCTION:
1. Seduction of a virgin over 12 and under 18
years of age by certain persons, such as a
person in authority, priest, teacher, etc.;and
2. Seduction of a sister by her brother or
descendant by her ascendant, regardless
of her age or reputation. (incestuous seduction)
SEDUCTION means the enticing a woman to unlawful sexual
intercourse by promise of marriage or other means of
persuasion without the use of force.
2 KINDS OF SEDUCTION:
1. qualified seduction
2. simple seduction.
ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN:
1. That the offended party is a virgin, which is
presumed if she is unmarried and of good
2. That she must be over 12 and under 18
years of age;
3. That the offender has sexual intercourse
with her; and
4. That there is abuse of authority,
confidence or relationship on the part of
the offender (person entrusted with education
or custody of victim; person in public
authority, priest; servant).
1. Those who abuse their authority:
a. persons in public authority
d. person who, in any capacity, is entrusted w/
the education or custody of the woman
2. Those who abused the confidence reposed in them:
b. house servant
3. Those who abused their relationship:
a. brother who seduced his sister
b. ascendant who seduced his descendant
The penalty for qualified seduction of a sister or
descendant is higher than qualified seduction of a
Deceit is not an element of qualified seduction.
Abuse of Confidence, acts punished because of
character of person committing the same, and
excess of power or abuse of confidence.
Virginity: a woman of chaste character and of good
reputation. The offended party need not be
physically a virgin.
Domestic: a person usually living under the same roof,
pertaining to the same house.
The offended party need not be a virgin
physically – virgin is a virtuous woman of good
Deceit is not an element of qualified seduction; it
is an element of simple seduction
Accused charged with rape cannot be convicted
of qualified seduction under the same information.
Qualified seduction of a sister or descendant, also
known as INCEST, is punished by a penalty next higher
in degree. The age, reputation, or virginity of the
sister or descendant is irrelevant. The relationship
need not be legitimate.
Not necessary that the offender be the teacher of
the offended party; it is sufficient that he is a
teacher in the same school.
Seduction: enticing a woman to unlawful sexual
intercourse by promise of marriage or other means
of persuasion without use of force. It applies when
there is abuse of authority (qualified seduction) or
deceit (simple seduction).
People v. Fontanilla
A 15-year old virgin, who was brought by her mother
to the house of the accused and his wife to serve as
a helper, repeatedly yielded to the carnal desires
of the accused, as she was induced by his promises
of marriage and frightened by his acts of intimidation.
HELD: DECEIT, although an essential
element of ordinary or simple seduction,
does not need to be proved or
established in a charge of qualified
seduction. It is replaced by ABUSE OF
Babanto v. Zosa
The accused, a policeman, brought a 13- year old girl
with low mentality, to the ABC Hall where he succeeded
in having sexual intercourse with her. The complaint
did not allege that the girl was a virgin. The accused
was charged with RAPE but convicted of QUALIFIED
HELD: Though it is true that virginity is
presumed if the girl is over 12 but under
18, unmarried and of good reputation,
virginity is still an essential element of
the crime of qualified seduction and must
be alleged in the complaint. Accused is
guilty of RAPE, considering the victim’s
age, mental abnormality and deficiency.
There was also intimidation with the
accused wearing his uniform.
Perez v. CA
Perez succeeded in having sexual intercourse with
Mendoza after he promised to marry her. As he did not
make good on said promise, Mendoza filed a complaint
for Consented Abduction. Trial Court found that the
acts constituted seduction, acquitting him on the
charge of Consented Abduction. Mendoza then filed a
complaint for Qualified Seduction. Perez moved to
dismiss the case on the grounds of double jeopardy.
HELD:There are similar elements between consented
abduction and qualified seduction, namely:
1) the offended party is a virgin, and
2) over 12 but under 18 yrs. of age
However, an acquittal for CONSENTED
ABDUCTION will not preclude the filing of
a charge for QUALIFIED SEDUCTION
because the element of the two crimes
That the girl gave consent to the sexual intercourse
is not a defense.