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    Crimes Against Chastity

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    cattacz
    This document outlines the elements and considerations for the crime of adultery under Philippine law. It defines adultery as a married woman having sexual intercourse with a man who is not her husband, and he knowing she is married. It discusses various aspects such as the legitimacy of the marriage, circumstances where adultery charges can be brought, what constitutes evidence, and liability considerations for those involved.

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    Crimes Against Chastity

    Uploaded by

    cattacz
    37 views2 pages
    This document outlines the elements and considerations for the crime of adultery under Philippine law. It defines adultery as a married woman having sexual intercourse with a man who is not her husband, and he knowing she is married. It discusses various aspects such as the legitimacy of the marriage, circumstances where adultery charges can be brought, what constitutes evidence, and liability considerations for those involved.

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    This document outlines the elements and considerations for the crime of adultery under Philippine law. It defines adultery as a married woman having sexual intercourse with a man who is not her husband, and he knowing she is married. It discusses various aspects such as the legitimacy of the marriage, circumstances where adultery charges can be brought, what constitutes evidence, and liability considerations for those involved.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    37 views2 pages

    Crimes Against Chastity

    Uploaded by

    cattacz
    This document outlines the elements and considerations for the crime of adultery under Philippine law. It defines adultery as a married woman having sexual intercourse with a man who is not her husband, and he knowing she is married. It discusses various aspects such as the legitimacy of the marriage, circumstances where adultery charges can be brought, what constitutes evidence, and liability considerations for those involved.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    ARTICLE 333.

    ADULTERY

    ELEMENTS

    1. Woman is married
    2. She has sexual intercourse with a man not her husband
    3. The man with whom she has sexual intercourse know her to be married

    LEGITIMACY OF THE MARRIAGE RELATION BETWEEN THE OFFENDED HUSBAND AND THE
    DEAFEANDANT WIFE IS NECESSARY

    - Note: once it is shown that a man and a woman lived as husband and wife, and none of the
    parties denied and contradicted the allegation in the complaint, the presumption of their being
    married must be admitted as a fact (US vs Vilalfuerte)
    - The declaration of the husband is competent evidence to show the fact of marriage. A witness
    who was present at the time the marriage took place is likewise a competent witness to testify
    as to the marriage of the parties (US vs Memoracion)

    THE OFFENDED PARTY MUST BE LEGALLY MARRIED TO THE OFFENDER AT THE TIME OF THE CRIMINAL
    CASE

    - Thus, where the offended party (foreigner) in an adultery case already obtained a divorce in his
    country before the adultery proceedings are commenced, he can no longer institute proceedings
    against the offender (Pilapil vs Ibay-Somera)

    “EVEN IF THE MARRIAGE BE SUBSEQUENTLY DECLARED VOID”

    - At no time does the bond of matrimony contain a defect which by itself is sufficient to dissolve
    the union. Until the marriage is declared to be null and void — the offense to the vows taken,
    and the attack on the family exists

    DIRECT PROOF OF CARNAL KNOWLEDGE IS NOT NECESSARY; CIRCUMSTANTIAL EVIDENCE IS ENOUGH

    1. Love letters
    2. Photograph
    3. Testimony

    EACH SEXUAL INTERCOURSE CONSTITUTE A CRIME OF ADULTERY  ADULTERY IS NOT A CONTINUING


    OFFENSE

    - The crime of adultery is an instantaneous crime which is consummated and completed at the
    moment of the carnal union
    - Note: where husband granted previous pardon
    o Even if the husband should pardon his adulterous wife, such pardon would not exempt
    the wife and her paramour from criminal liability for adulterous act committed after the
    pardon had been granted

    MITIGATING CIRCUMSTANCE: ABANDONMENT WITHOUT JUSTIFICATION; SHEER NECESSITY

    - Applies to both offenders


    LIABILITY OF A MAN

    1. Single or married  adultery


    2. Single without knowledge  no crime
    3. Married without knowledge  concubinage

    EFFECT OF THE ACQUITTAL OF ONE OF THE DEFFENDANTS

    - It does not operate as a cause for acquittal of the other


    o There may not be a joint criminal intent, although there is a joint physical act
    o One of the parties may be insane and the other sane
    o Man may not know that the woman is married  man is not liable for adultery
    o Death of the woman during the pendency of the action cannot defeat the trial and
    conviction of a man
    o Even if the man had left the country and could not be apprehended, the wman can be
    tried and convicted

    EFFECT OF DEATH OF PARAMOUR

    - It will not bar prosecution against the unfaithful wife , because the requirement that both
    offenders should be included in the complaint is absolute only when 2 offenders are alive (Art
    344 par 2)

    EFFECT OD DEATH OF THE OFFENDED PARTY

    - Proceedings must continue


    - Article 343 seeks to protect the honor and reputation not only of the living but of dead persons
    as well

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