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Article 344

Act No. 3815 · Revised Penal CodeKey provision

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Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness.

Official text — Act No. 3815

Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness.

-The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse.

The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders.

The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned by the above named persons, as the case may be.

In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The provisions of this paragraph shall also be applicable to the coprincipals, accomplices and accessories after the fact of the above-mentioned crimes.

Source: lawphil.net (Act No. 3815 as amended)

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