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Qualified Seduction

Post under Crimes Against Chastity

Art. 337. Qualified seduction. The seduction of a virgin over twelve years and under
eighteen years of age, committed by any person in public authority, priest, home-servant,
domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the
education or custody of the woman seduced, shall be punished by prision correccional in its
minimum and medium periods.
The penalty next higher in degree shall be imposed upon any person who shall seduce his
sister or descendant, whether or not she be a virgin or over eighteen years of age.
Under the provisions of this Chapter, seduction is committed when the offender has carnal
knowledge of any of the persons and under the circumstances described herein.
Meaning of Seduction
Enticing a woman to unlawful sexual intercourse by promise of marriage or other means
of persuasion without use of force.
Two kinds of seduction
1. Qualified seduction
2. Simple seduction
Two classes of qualified seduction
1. Seduction of a virgin over 12 years and under 18 years if age by certain persons, such
as, a person in authority, priest, teacher, etc. AND
2. Seduction of a sister by her brother, or descendant by her ascendant, regardless of her
age or reputation
Elements of qualified seduction of a virgin
1. That the offended party is a virgin which is presumed if she is unmarried and of good
reputation
2. That she must be over 12 and under 18
3. That the offender has sexual intercourse with her
4. That there is abuse of authority, confidence or relationship on the part of the offender
The offended party must be a virgin, over 12 and under 18
Virginity is presumed if the woman is unmarried and of good reputation. It is the accused
who must prove otherwise and the proof must be convincing, not just insinuations or
conjectures.
If the woman is married and the offender knows it, having sexual intercourse with her is
adultery.
If the victim is less than 12, the crime is rape.

Offended party need not be physically virgin


Meaning of virginity
Not to be understood in so material a sense as to exclude the idea of abduction of a
virtuous woman of good reputation.
The Casten Case distinguished from the Suan Case
In Casten, the defendant claims that he had prior intercourse with the girl, The SC
considered her still a virgin within the meaning of the law.
In Suan, it was established that the girl had carnal relations with other men. Her chaste
character was then open to question. In law, she is no longer a virgin. The accused regard
her more or less a public woman.
Sexual intercourse
There must be sexual intercourse in qualified seduction. If there are none, the crime is
act of lasciviousness.
Who could be the offenders in qualified seduction?
1. Those who abused their authority
a. Person in public authority
b. Guardian
c. Teacher
d. Person who, in any capacity, is entrusted with the education or custody of the woman
seduced
2. Those who abused confidence reposed in them
a. Priest
b. House servant
c. Domestic
3. Those who abused their relationship
a. Brother who seduced his sister
b. Ascendant who seduced his descendant
What makes the crime of qualified seduction?
The acts would not be punished were it not for the character of the person committing
the same, on account of the excess of power or abuse of confidence of which the offender
availed himself.
Deceit is not an element of qualified seduction. It is replaced by abuse of confidence.
The fact that the girl gave consent to the sexual intercourse is no defense.
Even if the accused is not the teacher of the offended party, it is sufficient that the
offender is a teacher in the same school.
Qualified seduction by the master
If the master shall have sexual intercourse with a female servant, a virgin of 12 but less
than 18 years of age, it is also qualified seduction.
Qualified seduction by head of the family

A person who had sexual intercourse with the cousin of his wife, then living with them in
the house and a virgin under 18 but over 12, is guilty of qualified seduction. He took
advantage of his authority and abused the confidence and trust reposed in him as head of
the family and master of the house.
Qualified seduction by a brother-in-law
If the moral ascendancy of a brother-in-law, instead, were used for immoral purposes,
then, certainly, there is more than ample justification for the view first announced in the
Arlanre decision that thereby, the offense of qualified seduction was in fact committed.
Qualified seduction committed by a priest
When the girl went to church to confess, the priest meeting her, embraced and kissed her.
The priest made her lie on the floor and had sexual intercourse with her. Held: Priest guilty
of qualified seduction.
Qualified seduction by house servant
A servant in the house who had sexual intercourse with the masters daughter, a virgin
over 12 but less than 18, is guilty of qualified seduction.
Meaning of domestic
A person usually living under the same roof, pertaining to the same house.
It includes all those persons residing with the family and who are members of the same
household, regardless of the fact that their residence may only be temporary or that they
may be paying for their board and lodging.
But if a man is merely stopping at a public inn or tavern when he seduced the landlords
daughter, the man is not domestic.
Domestic is distinct from house servant because of the intimacy existing among various
members of a household, where opportunities for committing seduction are more frequent.
Distinguished from rape
In rape, the age is less than 12; or if 12 but less than 18, there is force or intimidation, or
the girl may or may not be a virgin.
In simple seduction, the girl must be more than 12 but less than 18 and the crime is by
means of cajolery.
In qualified seduction: the girl must be a virgin (moral virginity)
Qualified seduction by seducing a sister or descendant
The penalty is next higher in degree
The seduction of a sister is known as incest.
Virginity of the sister or descendant is NOT required and she may be over 18 years of
age.
Relationship must be consanguinity. The relationship need not be legitimate.
If the sister or descendant is under 12, the crime would be rape. If she is married and
over 12, the crime would be adultery.

The accused charged with rape cannot be convicted of qualified seduction under the same
information. (People v. Alvarez and People v. Samillano)
When victim is under 12 years of age, the crime committed is rape and not seduction.
Sources:
Leonor D. Boado, Notes and Cases on the Revised Penal Code, 2004 ed.
Luis B. Reyes, The Revised Penal Code, Book II, 2001 ed.