FP1 - Module 9
FP1 - Module 9
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INITAO College
University Jampason, Initao, Misamis Oriental
Logo
College of Criminology
FP1: Values Development
1st Semester of A.Y. 2022-2023
Introduction
Rationale
COURSE MODULE
The impact of crime in a society, these harms include a wide range of outcomes for
both individuals, such as financial loss and physical harm, and for communities and
wider society, such as fear of crime and increased use of health and victim services.
Activity
Discussion
Qualified Seduction
Qualified seduction is committed when a person of public authority, priest,
house servant, domestic. Guardian, teacher or any person entrusted the education or
custody of the woman seduced, has sexual intercourse with the latter who is a virgin
over 12 and under 18 year old.
The same is also committed by any person who seduced his sisters or
descendant whether or not she be a virgin or over 18 years of age (Art. 387 RPC).
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The woman as a victim must be over 12 and under 18 year old whose education
or custody is entrusted with the offender who must be with authority a teacher, priest,
house servant or guardian.
The rationale is the trust vested in the offender who committed sexual act with
the woman instead of taking good care of her.
Meaning of a Virgin
The victim must be a virgin. Virginity under the law means "good reputation"
not physical virginity. Hence, in US vs. Costen 34 Phil. 808, the defendant admitted he
had previous sexual intercourse with the girl but just the same the Court says still
considered her a virgin. But in another case, the woman was established to have
previous relations with other men. Thus, the Court says she is no longer a virgin (US
vs. Suan, 27 Phil. 12).
Domestic
A man, a distant relative of the family, secured a board and lodging in the
house of the aunt and her husband with a girl of 14 year old lived together as one
family household. The man is considered a domestic (US vs. Santiago, 26 Phil. 184).
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Corruption of Minors
Corruption of minors is committed by any person who shall promote or
facilitate the prostitutions or corruption of persons under age to satisfy the lust of
another.
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The same is aggravated when the offender is a public officer or a government
employee including government owned or controlled corporation (Art. 340, RPC).
Child Prostitution - RA 7610
Section 5 - Child Prostitution and other Sexual Abuse - Children whether male or
female, who for money, profit or other consideration due to the coercion or influence of
any adult syndicate or group, indulged in sexual intercourse or lascivious conduct, are
deem to be children exploited in prostitution and other sexual abuse.
a. Promoting or facilitating child prostitution include but not limited to the
following:
1. Acting as a procurer of a child prostitute.
2. Inducing a person to be a client of a child prostitute by means of
written or
oral advertisements or other similar means.
3. Taking advantage of influence or relationship to procure a child as a
prostitute
4. Threatening or using violence towards a child to engage her as a
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prostitute.
5. Giving monetary consideration, goods or other pecuniary benefit to a
child
with the intent to engage such in prostitution.
b. Those who commit the act of sexual intercourse or lascivious conduct with a
child exploited in prostitution or subjected to other sexual abuse. Provided that when
the victim is under 12 years of age, the perpetrator shall be prosecuted for rape.
Provided further that when the victim is of under 12 years old and the crime is act of
lasciviousness, the same shall be punishable with reclusion temporal medium; and,
c. Those that derived from profit or advantage therefrom, whether as manager,
or owner of the establishment where the prostitution takes place or at the sauna,
disco, bar, resort, place of entertainment or establishment. (RA 7610 approved June
17, 1992)
Attempt to Commit Child Prostitution
There is an attempt to commit child prostitution under Section 3 paragraph a
hereof, when any person who not being a relative of a child, is found alone with the
said child inside the room or cubicle of a house, an inn, hotel, motel, pension house,
apartelle or other hidden or secluded area under circumstances which lead a
reasonable person to believe that the child is about to be exploited in prostitution and
other sexual abuse (Sec. 6, RA 7610).
There is also an attempt to commit child prostitution, under paragraph B of
Section 5 hereof when any person is receiving services from a child in a sauna parlor
or both, massage clinic, health club and other similar establishments.
White Slavery
White slavery is committed by any person who in any manner, or under any
pretext, shall engage in the business or shall profit by prostitution or shall enlist the
services of woman for the purpose of prostitution (Art. 341, RPC as amended by BP
blg.186).
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Related Jurisprudence
One who engaged the services of a woman ostensibly as a maid but in reality
for purposes of prostitution and who in fact dedicated her to such immoral purposes for
profit, is guilty of white slave trade (People vs. Isidro, CA 51 OG 215).
Any person who shall promote or facilitate the prostitution of his wife
daughter, or shall otherwise have consented to the infidelity of the other spouse shall
not be entitled to the benefit of the article (Art. 247 RPC).
The law required that the accused and the victim are legally married. Hence,
who surprised his common-law wife in the act of sexual intercourse with another man
is not entitled to the benefit provided for in Article 247.
It is not necessary that the husband sees the carnal act being committed by
his wife. It is sufficient that he surprises them with her paramour under such
circumstances as to show reasonably that the carnal act is being committed or has just
committed (People vs. Gonzales, 69 Phil. 66). The phrase "in the act of committing
sexual intercourse does not include merely sleeping on the same bed (People vs.
Bituanan, 56 Phil. 23).
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Neither the phrase includes a situation where the accused surprised his wife
after the act, as when he saw her already rising up and the man buttoning his drawers
(People vs. Gonzales, 69 Phil. 66).
However, when the wife was killed by her husband not at the place where she
was caught having sexual intercourse with another man, the same is considered falling
within the ambit of Art. 247, RPC (US vs. Alano, 32 Phil. 383).
RA 9208 the Anti-Trafficking in Persons Act of 2003
It shall be unlawful for any person, natural or juridical to commit any of the
following:
1. To recruit, transport, transfer, harbor, provide or receive a person by any
means, including those done under the pretext of domestic or overseas employment or
training or apprenticeship, for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude, or debt bondage;
2. To introduce or match for money, profit, or material, economic or other
consideration, any person or as provided for under RA 6955, any Filipino woman to a
foreign national, for marriage for the purpose of acquiring, buying, offering, selling or
trading him/her to engage in prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage;
3. To offer or contract marriage, real or simulated, for the purpose of acquiring,
buying, offering, selling or trading them to engage in prostitution, pornography, sexual
exploitation, forced labor or slavery, involuntary servitude or debt bondage;
4. To undertake or organize tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering persons for prostitution,
pornography or sexual exploitation;
5. To maintain or hire a person to engage in prostitution pornography;
6. To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
7. To recruit, hire, adopt, transport or abduct a person, by means of treat or use
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of force, fraud, violence, coercion or intimidation for the purpose of removal or sale of
organs of said person;
8. To recruit, transport or adopt a child to engage in armed activities in the
Philippines or abroad (Sec. 4, RA 9208, May 26, 2003).
Adultery
Adultery is committed by a married woman who shall have sexual intercourse
with a man not her husband, and by the man who has carnal knowledge of her,
knowing her to be married, even if the marriage be subsequently declared void (Art.
333 RPC).
Presumption of Marriage
Once, it is shown that a man and 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. Villafuerte, 4 Phil. 476).
Adulterous Act
The crime of adultery is an instantaneous crime which is consummated and
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completed at the moment of the carnal union. Each sexual intercourse constitutes a
crime of adultery (People vs. Zapata and Bondoc, 88 Phil. 688).
Direct Proof of Carnal Knowledge is not necessary
Direct proof of carnal knowledge is not necessary to sustain conviction
adultery In the very nature of things, it is seldom that adultery can be established by
direct evidence, the legal term therefore has been and still is that circumstantial and
corroborative evidence such as will lead the guarded discretion of a reasonable and
just man to the conclusion that the criminal act adultery has been committed, will
suffice to bring about for the conviction that crime (People vs. Dante, of all, CA 51 OG
801).
Concubinage
Concubinage is committed by any husband who shall keep a mistress in de
conjugal dwelling, or shall have sexual intercourse, under scandalous distances, with a
woman who is not his wife, or shall cohabit with her any other place (Art. 334)
Woman's Liability
The mistress or the concubine can be criminally liable when she knows the man
to be married before the commission of the offense.
Conjugal Dwelling
A house constructed from the proceeds of the sale of conjugal properties of the
spouses, especially when they had intended it to be so, is a conjugal dwelling, and the
fact that the wife never had the chance to reside therein and that the husband used it
with his mistress instead, does not detract from as nature (People vs. Cordova, CA GR
No. 19100-R, June 23, 1959).
Sexual intercourse under Scandalous circumstances
It is only when the mistress is kept elsewhere (outside of the conjugal dwelling)
that the "scandalous circumstances" becomes an element of the crime (US vs.
Macabagbag, et al 31, Phil. 257).
Scandal consists in any reprehensible word or deed that offends public conscience,
redound to the detriment of the feelings of honest persons, and give occasions to the
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neighbors' spiritual damage or ruin (People vs. Santos, et al, 45 OG 2116).
Cohabitation
The terms "cohabit" means to dwell together, in the manner of husband and
wife, for some period of time, as distinguished from occasional, transient interviews for
unlawful intercourse. Hence, the offense is not single act of adultery; it is cohabiting in
a state of adultery which may be a week, a month, a year or longer (People vs. Pitoc,
et al, 43 Phil. 760).
Bigamy
Bigamy is committed by any person who shall contract a second or subsequent
marriage before the former marriage has been legally dissolved, or before the absent
spouse has been declared presumptively dead by means of a judgment rendered in
the proper proceedings (Art. 349 RPC).
Parties shall not be allowed to adjudge void their own marriage
The parties to a marriage should not be allowed to assume that their marriage is
void, even if such is the fact, but must first secure a judicial declaration of nullity of
COURSE MODULE
their marriage before they should be allowed to marry again. Thus, it was held in
Wiegel vs. Sempio-Diy. 143 SCRA 499, that there is a need of a judicial declaration of
the fact that the marriage of a person is void before that person can marry again.
Otherwise, the second marriage will be void.
RA 9262 - Violence against Women and Children Act
It is an act defining violence against women and their children approved on March
8, 2004.
The crime against women and their children is committed through any of the following:
a. Causing physical harm to the woman and her child;
b. Threatening to cause the woman or her child physical harm;
c. Attempting to cause the woman or her child physical harm;
d. Placing the woman or her child in fear of imminent danger of physical harm;
e. Attempting to compel or compelling the woman or her child to engage in
conduct which the woman or her child has the right to desist from or desist from
conduct which the woman or her child has the right to engage in, or attempting to
restrict, or restricting the woman or her child's freedom of movement or conduct by
force or threat of force, physical or other harm or intimidation directed against the
woman of child. This shall include but not limited to the following acts committed with
the purpose or effects of controlling or restricting the woman of her child's movement
or conduct:
1. Threatening to deprive or actually depriving the woman or her child of custody
to her/his family;
2. Depriving or threatening, to deprive the woman or her children of financial
support legally due her or her family, or deliberately providing the woman's children
insufficient financial support;
3. Depriving or threatening to deprive the woman or her child of a legal right;
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f. Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decisions;
g. Causing or attempting to cause the woman or her child to engage in any
sexual activity which does not constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the woman or her child or her/his
immediate family;
h. Engaging in purposeful, knowing, or reckless conduct, personally or through
another that alarms or causes substantial, emotional or psychological distress to the
woman or her child. This shall include but not limited to the following acts:
1. Stalking or following the woman or her child in public or private places;
2. Peering in the window or lingering outside the residence of the woman or
her
child;
3. Entering or remaining in the dwelling or on the property of the woman or
her
child against her/his will;
4. Destroying the property and personal belongings or inflicting harms to
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animals
or pets of the woman or her child; and,
5. Engaging in any form of harassment or violence.
i. Causing mental or emotional anguish, public humiliation to the woman or her
child, including but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children or access to the woman's child (Sec. 5
RA 9262).
RA 9344 - Juvenile Delinquency Act
It is an act of establishing a comprehensive Juvenile Justice and Welfare System.
Persons below 18 years of age shall be exempt from prosecution for the crime of
vagrancy and prostitution under Section 202 of the Revised Penal Code: Mendicancy
under PD 1563 and sniffing of rugby under PD 1619; such prosecution being
inconsistent with the UN Convention on the rights of the child. Provided that said
persons shall undergo appropriate counseling and treatment program (Sec. 58, RA
9344 otherwise known as Juvenile Justice and Welfare Act of 2008, p. 364 RPC by
Reyes, 2008 Ed.).
Section 6 RA 9344 provides:
Minimum age of criminal responsibility-A child fifteen (15) years of age or under
at the time of the commission of the offense shall be exempt from criminal liability.
However, the child shall be subject to an intervention program pursuant to this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall
likewise be exempt from criminal liability and be subjected to an intervention program,
unless he/she has acted with discernment, in which case, such child shall be subject to
the appropriate proceedings in accordance with this Act.
Discernment - means mental capacity to understand what is right or wrong and
such capacity may be known and should be determined by taking into consideration all
the facts and circumstances afforded by the records in each case, the very
appearance, the very attitude, the very comportment and behavior of said minor, not
only before and during the commission of the act, but also and even after or during the
trail (People vs. Doquena, 68 Phil, 580).
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BP Blg. 702 - provides that it shall be unlawful for any director, manager, or
any other officer of a hospital or medical clinic to demand any deposit or any other
form of an advance payment for confinement or treatment in such hospital or medical
clinic in emergency or serious cases (Sec. 1 BP), while RA 9439 prohibited the
detention of the patient for non-payment of hospital bills.
RA 4729 Act to Regulate the Sale, Dispensation or Distribution of
Contraceptive Drugs approved on June 18, 1966
Provided that it shall be unlawful for any person, partnership, corporation to sell,
dispense or otherwise distribute whether for, or without consideration, any
contraceptive, unless such sale, dispensation or on distribution is by a duly licensed
drugstore or pharmaceutical company and with the prescription of a qualified medical
practitioner (Sec. 1, RA 4729).
For purpose of this Act, contraceptive drug is any medicine, drug chemical or
portion thereof which is used exclusively for the purpose of preventing fertilizer of the
female ovum; and contraceptive device is any instrument, device, material or agent
introduced into the female reproductive system for the primary purpose of preventing
conception (Sec. 2, RA 4729)
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as if it were authentic, regardless whether or not the data is directly readable and
intelligible; or
(i) The act of knowingly using computer data which is the product of computer
related forgery as defined herein, for the perpetuating a fraudulent or dishonest
design. purpose of
2. Computer - Related Fraud - The unauthorized input, alteration deletion of
computer data or program or interference in the functioning of a computer system,
causing damage thereby with fraudulent intent. Provided that if no damage has yet
been caused, the penalty imposable shall be one (1) degree lower.
3. Computer -related Identity Theft - The intentional acquisition, use misuse,
transfer, possession, alteration or deletion of identifying information belonging to
another, whether natural or juridical, without right. Provided that if no damage has yet
been caused, the penalty imposable shall be one (1) degree lower.
C. Content-Related Offenses
1. Cybersex - the willful engagement, maintenance, control or operation,
directly or indirectly of any lascivious exhibition of sexual organs or sexual activity,
with the aid of a computer system for favor or consideration.
2. Child Pornography - the unlawful or prohibited acts defined and punishable
by RA 9775 or the Anti-child Pornography Act of 2009 committed through a computer
system. Provided that the penalty to be imposed shall be one (1) degree higher than
that provided in RA 9775.
3. Unsolicited commercial communications - The transmission of commercial
electronic communication with the use of computer system which seek to advertise,
sell or offer for sale products and services are prohibited unless:
(i) There is prior affirmation consent from the recipient; or
(ii) The primary intent of the communication is for service and/ or
administrative announcements from the sender to its existing users subscribers or
customer; or
(iii) The following conditions are present -
(aa) The commercial electronic communication contains a simple, valid
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and reliable way for the recipient to reject, receipt of further commercial electronic
messages (opt-out) from the same source;
(bb) The commercial electronic communication does not purposely
disguise the source of the electronic message; and,
(cc) The commercial electronic communication does not purposely
include misleading information in any part of the message in order to induce the
recipients to read the message.
4. Libel - The unlawful or prohibited acts of libel as defined under Art. 355 RPC as
amended committed through a computer system or any other similar means which
may be device in the future.
Other Offenses
The following acts shall also constitute an offense:
a. Aiding or abetting in the commission of cybercrime -- any person
who willfully abets or aids in the commission of any of the offenses enumerated in this
Act shall be held liable;
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Exercise
I. Explain briefly: (10 POINTS)
1. Felonies -
2. Murder -
3. Homicide -
4. Adultery -
5. Rape -
II. Write T if the statement is True and F if the statement is False: (10
POINTS)
________1. The basis of criminal law is the Moral Law.
________2. What is ethical is legal although the latter is not necessarily ethical.
________3. Rape is sexual intercourse against the will of the victim.
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________4. The offended party in simple seduction is over 12 but less than 18 and not
necessarily without sexual experience.
________5. Murder is killing the victim without the opportunity to defend himself.
________6. In infanticide, the victim must be a child with less than 3 days old regardless
of relationship.
________7. In parricide, relationship is a determining factor whether legitimate or
illegitimate.
________8. Every sexual act is every adulterous act.
________9. Attempted or frustrated homicide is distinguished from physical injuries by
intent to kill.
________10. A man can only be guilty of adultery if he knew the woman to be married.
Assessment
Answer briefly in your own understanding on the following questions: (10
POINTS)
1. What are the ethical and legal relations of crimes if any? And Why?
2. Why felonies /crimes are punishable?
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