Only the offended spouse can file a complaint for adultery or concubinage. If the complainant consented to or promoted the infidelity, they cannot file a complaint. For rape, the victim must not have consented and sexual intercourse must have occurred through force or intimidation. For seduction, the victim must be a virgin female over 12 but under 18 and the offender abused their authority over the victim. A pardon from the offended party extinguishes criminal liability for rape only if a valid marriage exists between the rapist and victim. The offender is also obligated to acknowledge and support any offspring from the crime.

1. BY: CHELDY SYGACO ELUMBA-PABLEO,MPA,LlB
CRIMINAL LAW I

2. ONLY the offended spouse can initiate the action but both
offenders in adultery/cuncubinage must be named in the
complaint unless one is already dead which the fact must
be alleged in the information, otherwise the information is
defective and subject to a motion to quash.
If at the time of filing, complainant has obtained a divorce
abroad, although not recognized here, he has no standing
to file the complaint.
If the complainant consented to or promoted the infidelity,
he is estopped from filing the complaint.

3. 1. Keeping a mistress in a conjugal dwelling, or
2. Having a sexual intercourse under scandalous
manner with a woman not his wife
3. Cohabiting with her in any place. (lives together
like husband and wife)
NOTE: Sexual intercourse is not an indispensable
element in concubinage.

4. UNDER ARTICLE 336----Committed against a male of
female and under circumstances of rape (e.g. Without
consent)
UNDER ARTICLE 339---- committed under the
circumstances of seduction and the victim must be a
female.
As compared to attempted rape: both requires that there
must be NO penetration, not even slight and more
importantly, no intent to penetrate.

5. ELEMENTS:
1. The offended party is a virgin, which is presumed
if she is unmarried and of good reputation;
2. She must be over 12 and under 18 years of age;
3. The offender has sexual intercourse with her;
4. There is abuse of authority, confidence, or
relationship on the part of the offender. (Gonzales
vs CA)

6. Simple seduction Qualified seduction
1. Woman is single or widow of good
reputation
1. She is a virgin
2. Committed by any person 2. Committed by person in authority,
priest, house servant, domestic,
guardian, teacher or any person
entrusted with the education or
custody of the woman.
3. Victim is always over 12 but under
18
3. Offender is the brother or an
ascendant, the victim may be over 18
(her age and moral reputation is not
material)

7.  The element of sexual intercourse is present in rape and seduction
but not in forcible abduction. Thus, when sexual intercourse occurs,
the crime is complex Forcible Abduction.
1. Abducted is any woman regardless of her age, civil status and
reputation;
2. She is taken against her will;
3. The abduction is with lewd design;

8. 1. The person abducted is any woman,
regardless of her age, civil status or
reputation;
2. She is taken against her will;
3. The abduction is with lewd design; and
4. The abducted woman is raped under any
circumstance provided in art. 335

9.  Where the girl is under 12, the crime is always forcible abduction with
or without the consent of the child. (the law presumes that the
abduction is against her will)
 CONSENTED ABDUCTION: (gravamen) is the alarm and disturbance
to the parents and the family of the victim and the infringement of
their rights.
 REQUIRES:
1. The taking away of the offended is with her consent secured by
solicitation or cajolery;
2. It is with lewd designs;
QUALIFIED SEDUCTION however requires in addition –the crime to
be committed with abuse of confidence, authority or relationship and
offender has sexual intercourse with the woman.

10.  ACSAA—Adultery, concubinage, seduction, abduction and acts
of lasciviousness shall not be prosecuted except upon a
complaint filed by the offended party or her parents,
grandparents or guardian.
 Adultery and concubinage can be prosecuted ONLY if filed by
the offended spouse.
 PARDON OF THE OFFENDED does not extinguish criminal
liability EXCEPT in Article 266-C of the Code (Anti-Rape Law)
which requires a valid marriage between the rapist and the
victim to effect an extinguishment of criminal liability. CIVIL
liability is extinguished by express waiver of the offended.

11.  Clarifies that the marriage must be valid, otherwise, the pardon
will be ineffective. Thus, if the requirements under the Family
Code (e.g. the legal capacity of the woman is lacking) the
marriage will be null and void and the pardon will be ineffective.
 Persons guilty of rape, seduction or abduction shall be sentenced
to: (article 345)
1. Indemnify the offended woman;
2. Acknowledge the offspring unless the law should prevent him
from doing so;
3. In nevery case to support the offspring

12.  Article 176 of the Family Code confers authority over illegitimate
children on the mother and likewise provides for their entitlement to
support.
 Compulsory acknowledgment as well as support of the child is
indeed proper there being no legal impediment in doing so, as it
appears that complainant and appellant are both single.
 The crime of rape committed by the accused carries with it the
obligations to acknowledge the offspring if the character of its origin
does not prevent it and to support the same. (PP vs Namayan)
 Indemnity awarded under Article 345(1) should be absolute and is
never conditioned upon the financial capacity of the accused. (PP vs
Saluna)