Title Eleven – Crimes Against Chastity (Revised Penal Code, Book Two)

Crimes Against Chastity under the Revised Penal Code (RPC) of the Philippines are governed by Title Eleven (Articles 333 to 338). These crimes generally involve acts that violate the sexual integrity of individuals and encompass offenses against decency and morality. Below is a detailed analysis of each provision under this title:

1. Article 333 - Adultery

Definition: Adultery is committed by a married woman who has sexual intercourse with a man other than her husband. The man who has carnal knowledge of her is equally guilty.
Elements:
1. The woman is married.
2. She has sexual intercourse with a man not her husband.
3. The sexual intercourse is consensual.
Penalty:
- Prisión correccional in its medium and maximum periods.
Key Notes:
- Adultery is a crime of a private nature; only the offended husband can file a complaint.
- Proof of carnal knowledge must be clear and convincing.
- The husband must include both the wife and her paramour in the complaint.

2. Article 334 - Concubinage

Definition: Concubinage is committed by a husband who keeps a mistress in the conjugal dwelling, has sexual intercourse under scandalous circumstances, or cohabits with a woman other than his wife.
Elements:
1. The man is married.
2. He commits any of the following acts:
  - Keeping a mistress in the conjugal dwelling.
  - Having sexual intercourse under scandalous circumstances with a woman not his wife.
  - Cohabiting with a woman not his wife in any other place.
Penalty:
- For the husband: Prisión correccional in its minimum and medium periods.
- For the concubine: Destierro (banishment).
Key Notes:
- This is also a private crime, and only the offended wife can initiate prosecution.
- The offended wife must include both her husband and the concubine in the complaint.

3. Article 335 (Repealed)

Former Provision: This article previously penalized rape.
Current Status: Repealed by Republic Act No. 8353 (The Anti-Rape Law of 1997), which reclassified rape as a crime against persons under Title Eight of the Revised Penal Code.

4. Article 336 - Acts of Lasciviousness

Definition: Acts of lasciviousness involve lewd and indecent acts committed against a person of either sex without their consent.
Elements:
1. The offender commits acts of lasciviousness or lewdness.
2. These acts are done under any of the circumstances mentioned in Article 335 (now under RA 8353):
  - Use of force, threat, or intimidation.
  - Victim is deprived of reason or otherwise unconscious.
  - Offender takes advantage of the victim's mental disability or physical incapacity.
Penalty:
- Prisión correccional.
Key Notes:
- This provision applies even if the act does not involve sexual intercourse.
- The offended party's lack of consent is a critical element.

5. Article 337 - Qualified Seduction

Definition: Qualified seduction is committed by a person in authority, a priest, teacher, or any custodian who seduces a minor or a woman of good reputation.
Elements:
1. The offended party is:
  - A virgin over 12 and under 18 years of age.
  - A virtuous woman of good reputation.
2. The offender is:
  - A person in authority.
  - A domestic servant.
  - A priest, teacher, or guardian.
3. The seduction is consensual.
Penalty:
- Prisión correccional in its minimum and medium periods.
Key Notes:
- Virginity is presumed unless evidence proves otherwise.
- Consent of the victim does not absolve the offender.

6. Article 338 - Simple Seduction

Definition: Simple seduction involves the seduction of a woman who is single or a widow of good reputation, over 12 but under 18 years of age, through deceit.
Elements:
1. The offended party is a woman:
  - Single or a widow.
  - Of good reputation.
  - Over 12 but under 18 years of age.
2. The offender employs deceit in seducing her.
Penalty:
- Arresto mayor.
Key Notes:
- Seduction here is consensual but achieved through deception.
- Reputation and age are key factors in establishing the crime.

7. Articles 339 to 342 (Repealed or Merged)

Articles relating to rape and certain forms of seduction or abduction have been superseded by newer laws (e.g., RA 8353, RA 7610).

Private Nature of Crimes Against Chastity

These crimes are considered private, meaning they require a complaint from the offended party to initiate prosecution.
Only the legal spouse or guardian may file a complaint, except for crimes involving minors, where state intervention is permitted.

Recent Legal Developments

Republic Act No. 8353 (The Anti-Rape Law of 1997):
- Reclassified rape as a crime against persons rather than a crime against chastity.
Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination Act):
- Provides additional penalties for crimes against chastity when committed against children.
Vulnerable Sectors:
- Crimes involving sexual integrity have been strengthened to protect minors, women, and persons with disabilities under various laws.

This comprehensive coverage of Title Eleven reflects the meticulousness required for understanding and interpreting the nuances of criminal law on crimes against chastity in the Philippines. Let me know if you need case law, jurisprudence, or a discussion of specific scenarios.