ANO BA ANG KAIBAHAN NG ADULTERY SA CONCUBINAGE? BAKIT MAS MATAAS ANG PENALTY PAG WIFE ANG NANGALIWA?
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Magkasunod lang sila sa RPC.
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Article 334, concubinage, any husband.
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So makikita nyo na yung principal offender ng concubinage is yung husband.
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Any husband who shall keep a mistress in the conjugal dwelling,
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first way of committing concubinage or shall have sexual intercourse under scandalous circumstances
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with a woman who is not his wife or shall cohabit with her in any other place
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shall be punished by prision correctional minimum and medium.
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Like what I said a while ago, the concubine, ito yung penalty for the concubine.
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The concubine shall suffer the penalty of distiero.
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Pag nag-aral kayo ng batas po, especially mga penal laws, dapat for every penal provision,
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they are governed or it is governed by elements, elements of the crime.
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So ito yung elements of the crime of adultery, ito naman yung elements of the crime of concubinage.
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First element of adultery, that the woman is married.
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Compare it with the concubinage.
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The principal offender is the married husband, no?
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Of course, the man must be married.
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And then, sa second element of adultery, that she has sexual intercourse with a man, not her husband.
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Take note po, in the crime of adultery, the mere sexual intercourse by the married woman with a man
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who is not her husband constitutes the crime of adultery na po.
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Each and every sexual intercourse by the married woman,
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with a man who is not her husband, constitutes a separate act of adultery.
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But tingnan nyo yung element ng concubinage.
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Second element, that he committed any of the following acts.
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Keeping a mistress in the conjugal dwelling.
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That's one way of committing the crime of concubinage.
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Second, having sexual intercourse under scandalous circumstances.
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With a woman who is not his wife.
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Again, you can readily notice na itong isa sa adultery, mere sexual intercourse.
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Pero ito namang sa concubinage, take note of the adjective.
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Sexual intercourse under scandalous circumstances, which is not the case with adultery.
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So, magkaiba na, no?
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And then, third way of committing concubinage, cohabiting with the mistress in any other place.
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And then, third element, with respect to the...
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Ang tawag kasi ng lalaking kabit, in the case of a married woman, is a paramour.
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For the married man naman, ang tawag sa mistress niya is concubine.
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So, for the third element, that as regards the man with whom she has sexual intercourse,
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he must know her to be married.
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So, dapat, yung lalaking kasiping ng married woman,
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dapat, prior to the sexual act, alam na niya na married yung babae.
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And kahit married yung babae, nakiksipa,
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And for that reason, he will also be charged and be held liable for the crime of adultery.
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So, hindi lang po babae yung offender ng adultery, pati na yung paramour niya.
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Provided, yung paramour niya knows her to be married prior to engaging in sexual intercourse with her.
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So, yan po ang requirement dyan.
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Why is it po na dapat alam ng lalaki na married yung babae?
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The reason is because, yung mga felonies po under the revised penal code,
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except for culpable felonies, yung mga intentional felonies po under the revised penal code,
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good faith is a defense.
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So, kung ma-prove ng lalaki na hindi niya alam na married pala yung babae,
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then he will be exculpated from criminal liability.
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And the same goes for the concubine in the crime of concubinage.
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That as regards the woman,
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she must know him to be married also.
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So, same lang po yung meaning ng third element for both adultery and concubinage.
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The mere act of sexual intercourse is enough to constitute adultery, not so with concubinage.
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And if you notice po,
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makit kaya mas mataas yung penalty for adultery compared to concubinage?
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Balikan natin yung penalty muna.
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Let us determine.
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Let us determine yung rasyonale kung bakit mas mataas yung penalty sa adultery kesa sa concubinage.
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For adultery, ito yung punishment.
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Adultery shall be punished by prison correctional medium and maximum.
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Ano ba yung penalty of prison correctional?
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Six months and one day to six years po ang penalty na prison correctional.
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Meron siyang range.
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So, when you say prison correctional minimum,
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ang range niyan is six months and one day.
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So, two years and four months.
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Tapos kung prison correctional medium naman,
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two years, four months and one day to four years and two months.
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And then for prison correctional maximum naman,
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four years, two months and one day to six years.
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Meron siyang range because
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ang reason dyan is for purposes of applying the indeterminate sentence law.
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But hindi pa ho sakop natin yan.
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Kasi baka malito lang kayo pag nag-discuss ako ng indeterminate sentence law.
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setting na lang po.
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So, compare that with the concubinage.
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Prison correctional minimum and medium lang.
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Compared sa adultery, medium and maximum.
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Let us imagine na kayo yung mga estudyante ko.
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Sino dito ang makakapagbigay ng rationally?
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Bakit mas mataas yung penalty for the crime of adultery?
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Although sabi ni May Pag-asa, sexist ang batas.
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But, sige, anyone other than May Pag-asa, sino?
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Ang graded recitation nito, zero na.
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Itong isang estudyante, si Toyang, sabi niya,
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considered a more serious breach of marital fidelity in Filipino culture and law.
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Good try, good try.
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Gender bias, pareha sila ni May Pag-asa.
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Masuko na? Zero na lahat?
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Sa recitation pa lang, zero na.
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I'll give the answer na lang kasi walang nakasagot.
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Ang reason dyan is, can you just imagine na kung ang babae yung mang lalaki tapos mabuntis siya,
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she will introduce a spurious child to the family na pwedeng hindi alam ng husband niya.
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Yan ang danger dyan, no?
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Pag nabuntis yung babae, yung offender, yung married woman in the crime of adultery,
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she might introduce a child into the family
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without the knowledge of the husband and the siblings of the child.
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Whereas kung ang lalaki yung mababae tapos makabuntis siya,
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then sigurado na hindi siya makaka-introduce ng bata sa loob ng pamilya
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because hindi naman siya ang mabubuntis, diba, yung babae.
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Yan ang reason dun kung bakit mataas ang penalty to discourage married women from committing the crime of adultery.
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So, hindi naman siya makaka-introduce na kakinirta.
