Revised Penal Code: Adultery, Concubinage, and Rape

A married woman has sexual intercourse with a man other than her husband, and the man knows she is married.

Yes. The statutory rules on consent and pardon may bar prosecution.

A married man keeps a mistress in the conjugal dwelling, has intercourse under scandalous circumstances, or cohabits with her elsewhere.

No. One of the specific modes defined in Article 334 must be established.

The offended spouse, subject to the requirements of Article 344.

A qualifying pardon may bar prosecution of adultery or concubinage.

It reclassified rape as a crime against persons and revised the statutory definition and penalties.

Article 266-A.

Rape by sexual intercourse and rape by sexual assault.

Carnal knowledge under any circumstance specified by Article 266-A(1).

The specified insertion of a penis or object into a qualifying bodily orifice under circumstances defined by law.

A victim under sixteen years of age, subject to the statute's narrow close-in-age exception.

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.

No. The statutory exception does not apply when the victim is under thirteen.

Yes. Marriage does not eliminate criminal liability for rape.

Physical resistance is not an indispensable element of rape.

No. Rape may be established without external physical injuries.

It does not by itself disprove rape.

A lewd act committed against another under the coercive or age-related circumstances specified by law.

Rape by sexual assault requires the specific penetrative act defined by Article 266-A(2).

Seduction of a qualifying minor through the abuse of authority, confidence, or relationship specified by law.

Seduction of a qualifying minor through deceit under the statutory requirements.

The prohibited lewd acts involving a qualifying minor under the circumstances specified by Article 339.

Promoting or facilitating prostitution or corruption of persons under eighteen under the statutory terms.

Engaging in prohibited prostitution-related conduct under Article 341, subject to later special laws.

Taking a woman against her will with lewd designs.

Taking a qualifying minor with her consent and with lewd designs under the article.

Forcible abduction requires lewd designs; kidnapping focuses on unlawful deprivation of liberty.

Falsely representing that a woman gave birth to a child under the conduct punished by Article 347.

Unlawfully replacing one child with another in a manner covered by the statute.

Concealing or abandoning a legitimate child with intent to cause loss of civil status.

Falsely assuming another person's civil status under the article's conditions.

Contracting a second marriage while a first marriage legally subsists, without satisfying the statutory exceptions.

No. Separation alone does not dissolve the marriage.

Knowingly contracting a marriage despite a legal impediment or failing to comply with statutory marriage requirements under the article.

The historical offense defined in Article 351, which has been repealed by RA 10655.

A public and malicious imputation tending to dishonor, discredit, or cause contempt of a person or qualifying entity.

Libel generally involves written or similarly published defamatory matter; oral defamation involves spoken defamatory statements.

Oral defamation punishable according to its seriousness and surrounding circumstances.

An act that casts dishonor, discredit, or contempt upon another, without necessarily using defamatory words.

A defamatory imputation is generally presumed malicious unless a statutory exception or lawful justification applies.

Certain communications receive qualified or absolute protection under applicable law.

Performing an act that directly tends to cause a false criminal accusation against an innocent person.

Engaging in intrigue principally intended to blemish another person's honor or reputation.

Punishable imprudence or negligence causing injury or damage under the conditions specified by law.

Voluntarily acting or failing to act without malice, with inexcusable lack of precaution, causing legally relevant harm.

Lack of precaution where the threatened danger is not immediate or the injury is not clearly manifest.

Intentional felonies involve dolo; criminal negligence involves culpable lack of care without malicious intent.

It helps determine whether a reasonably prudent person should have anticipated the harmful consequence.

No. The prosecution must establish the required negligent conduct, causation, and other elements.