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CRIM2 FINALS > TITLE 11 > Flashcards

TITLE 11 Flashcards

1
Q

Adultery

A

Adultery is committed by any 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.

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2
Q

Can Title 11 be prosecuted de officio?

A

No, because of the requirement that the prosecution must be upon sworn statement or written complaint of the offended party.

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3
Q

XPNs

A

Corruption of minors
White slave trade

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4
Q

Adulter – Is legitimacy of marriage necessary?

A

Yes

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5
Q

What if the marriage is subsequently declared void?

A

There is adultery even if the marriage is subsequently declared void

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6
Q

If a woman has sex with her paramour 5 times, how many counts of adultery is it?

A

Each sexual intercourse constituted a crime of adultery, it is not a continuing offense

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7
Q

Requirements for the man

A

Single or married, must have had knowledge of the married status of the woman

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8
Q

MITIGATING CIRCUMSTANCES IN ADULTERY

A

Abandonment without justification

Sheer necessity

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9
Q

Consent v Pardon

A

Consent: Consents to all future acts of adultery
Pardon: Forgives PAST acts

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10
Q

Can only one offender be pardoned?

A

No, it must be both.

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11
Q

When must the consent and pardon happen?

A

Before the institution of the criminal prosecution

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12
Q

What if the offended party has sex with the offending spouse?

A

Implied pardon

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13
Q

If death of one defendant occurs before filing of the complaint

A

Crime extinguished

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14
Q

If death of one defendant occurs after filing of the complaint

A

Does not bar the conviction of the other defendant

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15
Q

Death of kabit

A

Does not bar prosecution against the wife

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16
Q

Death of the offended party

A

Proceedings must continue

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17
Q

Can there be separate crimes of adultery + bigamy

A

YES

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18
Q

Concubinage - Punishable Acts

A

keeping a mistress in the conjugal dwelling;

having sexual intercourse, under scandalous circumstances, with a woman who is not his wife; or

cohabiting with her in any other place.

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19
Q

When is the woman (the kabit) liable?

A

The woman is liable only if she knew him to be married prior to the crime,

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20
Q

Acts of lasciviousness - elements

A

That the offender commits any act of lasciviousness of lewdness;

That the act of lasciviousness is committed against a person of either sex;

That it is done under any of the following circumstances;

By force or intimidation; or
When the offended party is deprived of reason, or otherwise unconscious; or
By means of fraudulent machination or grave abuse of authority; or
When the offended party is under 12 years of age or is demented.

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21
Q

Essence of the crime

A

Lewd design

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22
Q

Seduction

A

Means enticing a woman to unlawful sexual intercourse by promise of marriage or other means of persuasion without the use of force.

23
Q

TWO CLASSES OF QUALIFIED SEDUCTION

A

Seduction of a virgin over 12 years and under 18 years of age by certain persons, such as, a person in authority, priest, teacher, etc.

Seduction of a sister by her brother or descendant by her ascendant, regardless of their age and reputation

24
Q

Virgin

A

does not necessarily mean material virginity in law. It is presumed of a virtuous woman of good reputation.

25
Q

What if the victim was over 18

A

If the victim is over 18, there is no crime at all

26
Q

Is there sexual intercourse in qualified seduction?

A

Yes, otherwise its acts of lasciviousness

27
Q

T or F: Deceit is not an element of qualified seduction.

A

True, its abuse of confidence.

28
Q

Is moral ascendancy sufficient?

A

YES

29
Q

When the victim is a sister or descedant, what are the requirements?

A

Can be over 18 years old and not a virgin, as long as the relationship is by blood but it can be illegitimate.

30
Q

Simple seduction.

A

Seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit.

31
Q

What must be the inducement in simple seduction
?

A

The promise of marriage must be the inducement and the woman must yield to that inducement, not merely from carnal lust.

32
Q

What is acts of lasciviousness with the consent of the offended party?

A

Punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338 → with consent.

33
Q

How is the consent obtained?

A

The consent contemplated here is obtained by abuse of authority, confidence or relationship or by means of deceit.

34
Q

What is corruption of minors?

A

Promoting or facilitating the Prostitution or Corruption of persons Underage below 18 years old) to satisfy the Lust of another.

35
Q

Does the actual prostitution need to happen?

A

No, this punishes the act of someone who promotes or facilitates.

36
Q

Can the offended minor be of either sex?

A

YES

37
Q

Standard of morals of the offended party

A

Must be of good reputation

38
Q

White slave trade - PUNISHABLE ACTS:

A

Engaging in the business of prostitution.

Profiting by prostitution.

Enlisting the services of women for the purpose of prostitution.

39
Q

Difference of white slave trade and corruption of minors

A

C: Essential that minors be used, Victims of either sex, May not be for profit, May be committed by a single act

WST: Minority is not involved, Limited to females, For profit

40
Q

What modes of WST require habituality?

A

The first two modes require the element of Profit and habituality.

41
Q

Forcible abduction.

A

That the person abducted is any woman, regardless of her age, civil status, or reputation.

That the abduction is against her will.

That the abduction is with lewd designs

42
Q

Is virginity material in forcible abduction?

A

NO

43
Q

Abduction

A

Means the taking away of a woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or to corrupt her.

44
Q

How is this committed?

A

Through violence or intimidation

45
Q

If the woman is under 12 years old, does V/I matter?

A

If the female abducted is under twelve (12) years of age —crime is always forcible abduction even if she voluntarily goes with her abductor

46
Q

Is sexual intercourse necessary?

A

No

47
Q

T or F: A husband cannot be found liable for abduction of his wife

A

T

48
Q

FA v. KIDNAPPING

A

FA: Lewd design + no deprivation of liberty
Kidnapping: No lewd design + deprivation of liberty

49
Q

If the primary motive of the accused is to commit rape, is there FA w/ rape?

A

No

50
Q

Crimes against chastity where age and reputation of victim are immaterial:

A

Rape

Acts of lasciviousness against the will or w/o consent of the offended party

Qualified seduction of sister or descendant

Forcible abduction

51
Q

Consented Abduction

A

Abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs

52
Q

How is consented abduction done?

A

solicitation or cajolery

53
Q

Who can initiate the complaint in adultery and concubinage?

A

Offended spouse.

54
Q

Who can initiate the complaint in seduction, abduction or acts of lasciviousness?

A

Offended party

Her parents

Grandparents (maternal or paternal side)

Legal or juridical Guardian in the order in which they are named above.

CRIM2 FINALS (7 decks)

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