ART. 344. PROSECUTION OF PRIVATE CRIMES

 

I. Necessity of a complaint i.e a formal denunciation indicating that the victim and her  family opt not to keep the incident a private matter but to bring it out in the open in order to prosecute the offender   

 

A. In Adultery and Concubinage: the complaint can only be initiated by the offended spouse who must still be married to the guilty spouse at the time of the bringing of the complaint, and not when the marriage has already been annulled or voided at the time when the action was brought.

1. against both guilty parties if both are alive

2. provided there was no prior consent or pardon

 

B. In Acts of Lasciviousness and abduction, the complaint must be initiated by the following enumerated persons.

 

NOTE: The enumeration is both exclusive (no other person has the personality to file except those in the enumeration) and successive (the order of preference must be followed) :

        

1. Victim or offended party unless the victim is incapacitated by reasons other than minority. If she is of legal age, she alone can bring the action.

2. By either of the parents if the victim is a minor who refuses to file, or is incapacitated as when she is demented or insane

3. By either of the Grandparents

4. By the legal or the court appointed guardian

5. By the state as parens patriae when the victim dies or becomes incapacitated before she can file the complaint and has no known parent, grandparents or guardian

 

II. Defenses in Acts of Lasciviousness and Abduction

 

A. Pardon by the Offended Party

  

1. The pardon must be express

2. If the offended party is of legal age and is not otherwise incapacitated, she alone can extend a valid pardon

3. If a minor but of sufficient discretion, the victim can extend a valid pardon if she has no parent, otherwise the pardon must be concurred by the parent, grandparent or guardian

 

B. A valid Marriage between the Offended and the Offender i.e contracted in good faith 

1. extinguishes the criminal liability ( case will be dismissed) or remits the penalty ( accused will not suffer the penalty  anymore).

2. This benefits the co-principals (by indespensable cooperation and inducement but nto co-principals by direct participation), accomplices and accessories   

 

 

ART. 345. CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES AGAINST CHASTITY

 

I. They include:

 

A. Indemnification of the offended party. Moral damages is recoverable in acts of lasciviousness by the victim as well by the parents

B. Acknowledgement of the offspring, unless the law should prevent him from so doing

C. To support the offspring

 

1. In the following there can be no acknowledgement :

(a). in cases of adultery and concubinage

(b). where the offended party is married, provided that paternity is not that of the husband

(c). when paternity can not be determined. Note that DNA testing is accepted to determine paternity

    

2. Where there are several accused and paternity can not be determined, all must give support.