1What is adultery under Article 333 of the Revised Penal Code?
A married woman has sexual intercourse with a man other than her husband, and the man knows she is married.
2Does the husband's consent or pardon affect prosecution for adultery?
Yes. The statutory rules on consent and pardon may bar prosecution.
3What is concubinage under Article 334?
A married man keeps a mistress in the conjugal dwelling, has intercourse under scandalous circumstances, or cohabits with her elsewhere.
4Is proof of a single extramarital sexual act sufficient for concubinage?
No. One of the specific modes defined in Article 334 must be established.
5Who may initiate prosecution for adultery or concubinage?
The offended spouse, subject to the requirements of Article 344.
6What is the effect of pardon by the offended spouse under Article 344?
A qualifying pardon may bar prosecution of adultery or concubinage.
7What is the significance of RA 8353 to rape law?
It reclassified rape as a crime against persons and revised the statutory definition and penalties.
8Where is rape principally defined in the Revised Penal Code after RA 8353?
Article 266-A.
9What are the two principal statutory modes of rape under Article 266-A?
Rape by sexual intercourse and rape by sexual assault.
10What is rape by sexual intercourse under Article 266-A(1)?
Carnal knowledge under any circumstance specified by Article 266-A(1).
11What is rape by sexual assault under Article 266-A(2)?
The specified insertion of a penis or object into a qualifying bodily orifice under circumstances defined by law.
12What is the general age threshold for statutory rape under RA 11648?
A victim under sixteen years of age, subject to the statute's narrow close-in-age exception.
13What is the close-in-age exception under RA 11648?
For qualifying consensual, non-abusive, non-exploitative acts, an age difference of not more than three years may prevent statutory rape liability, subject to statutory restrictions.
14Does the close-in-age exception apply when the victim is under thirteen?
No. The statutory exception does not apply when the victim is under thirteen.
15Can rape occur within a valid marriage?
Yes. Marriage does not eliminate criminal liability for rape.
16What is the effect of the victim's physical resistance on proving rape?
Physical resistance is not an indispensable element of rape.
17Is proof of external physical injury always necessary for a rape conviction?
No. Rape may be established without external physical injuries.
18What is the evidentiary significance of a negative sperm examination?
It does not by itself disprove rape.
19What is acts of lasciviousness under Article 336?
A lewd act committed against another under the coercive or age-related circumstances specified by law.
20What distinguishes rape by sexual assault from acts of lasciviousness?
Rape by sexual assault requires the specific penetrative act defined by Article 266-A(2).
21What is qualified seduction under Article 337?
Seduction of a qualifying minor through the abuse of authority, confidence, or relationship specified by law.
22What is simple seduction under Article 338?
Seduction of a qualifying minor through deceit under the statutory requirements.
23What is acts of lasciviousness with consent under Article 339?
The prohibited lewd acts involving a qualifying minor under the circumstances specified by Article 339.
24What is corruption of minors under Article 340?
Promoting or facilitating prostitution or corruption of persons under eighteen under the statutory terms.
25What is white slave trade under Article 341?
Engaging in prohibited prostitution-related conduct under Article 341, subject to later special laws.
26What is forcible abduction under Article 342?
Taking a woman against her will with lewd designs.
27What is consented abduction under Article 343?
Taking a qualifying minor with her consent and with lewd designs under the article.
28What is the distinction between kidnapping and forcible abduction?
Forcible abduction requires lewd designs; kidnapping focuses on unlawful deprivation of liberty.
29What is simulation of births under Article 347?
Falsely representing that a woman gave birth to a child under the conduct punished by Article 347.
30What is substitution of one child for another under Article 347?
Unlawfully replacing one child with another in a manner covered by the statute.
31What is concealment or abandonment of a legitimate child under Article 347?
Concealing or abandoning a legitimate child with intent to cause loss of civil status.
32What is usurpation of civil status under Article 348?
Falsely assuming another person's civil status under the article's conditions.
33What is bigamy under Article 349?
Contracting a second marriage while a first marriage legally subsists, without satisfying the statutory exceptions.
34Does mere separation from a spouse authorize remarriage?
No. Separation alone does not dissolve the marriage.
35What is marriage contracted against provisions of law under Article 350?
Knowingly contracting a marriage despite a legal impediment or failing to comply with statutory marriage requirements under the article.
36What is premature marriage under Article 351?
The historical offense defined in Article 351, which has been repealed by RA 10655.
37What is libel under Article 353?
A public and malicious imputation tending to dishonor, discredit, or cause contempt of a person or qualifying entity.
38What is the difference between libel and oral defamation?
Libel generally involves written or similarly published defamatory matter; oral defamation involves spoken defamatory statements.
39What is slander under Article 358?
Oral defamation punishable according to its seriousness and surrounding circumstances.
40What is slander by deed under Article 359?
An act that casts dishonor, discredit, or contempt upon another, without necessarily using defamatory words.
41What is the general presumption of malice under Article 354?
A defamatory imputation is generally presumed malicious unless a statutory exception or lawful justification applies.
42What is the significance of privileged communication in defamation law?
Certain communications receive qualified or absolute protection under applicable law.
43What is incriminating an innocent person under Article 363?
Performing an act that directly tends to cause a false criminal accusation against an innocent person.
44What is intriguing against honor under Article 364?
Engaging in intrigue principally intended to blemish another person's honor or reputation.
45What is criminal negligence under Article 365?
Punishable imprudence or negligence causing injury or damage under the conditions specified by law.
46What is reckless imprudence under Article 365?
Voluntarily acting or failing to act without malice, with inexcusable lack of precaution, causing legally relevant harm.
47What is simple imprudence under Article 365?
Lack of precaution where the threatened danger is not immediate or the injury is not clearly manifest.
48What distinguishes intentional felonies from criminal negligence?
Intentional felonies involve dolo; criminal negligence involves culpable lack of care without malicious intent.
49What is the role of foreseeability in criminal negligence?
It helps determine whether a reasonably prudent person should have anticipated the harmful consequence.
50Can criminal negligence be established merely because an accident occurred?
No. The prosecution must establish the required negligent conduct, causation, and other elements.