Law Summary

SECTION 1: Amendment to Article 81 of the Penal Code

• Legal Principle: This section outlines the rules for imposing penalties based on the presence of mitigating and aggravating circumstances.
• Key Definitions:
  • Mitigating Circumstance: A factor that decreases the severity of a penalty.
  • Aggravating Circumstance: A factor that increases the severity of a penalty.
• Important Requirements/Procedures:
  • Courts are directed to apply the penalties according to established rules based on the circumstances surrounding the crime.
• Penalties and Consequences:
  • No Circumstances: Medium degree penalty.
  • Only Mitigating: Minimum degree penalty.
  • Only Aggravating: Maximum degree penalty.
  • Both Circumstances: Offset each other based on their weight.
  • Multiple Mitigating: Next lower penalty to prescribed law.
  • Multiple Aggravating: Maximum penalty prescribed by law applies.
  • Courts must consider the number and weight of circumstances as well as the extent of harm caused by the crime.

SECTION 2: Amendment to Article 443 of the Penal Code

• Legal Principle: Defines the penalties for the seduction of a virgin and lewd acts under specific conditions.
• Key Definitions:
  • Virgin: A person over the age of 12 and under 18 years of age, in this context.
• Important Requirements/Procedures:
  • Specifies who qualifies as a perpetrator (public authority, priest, guardian, etc.).
• Penalties and Consequences:
  • Seduction by the listed persons: Punishable by prisión correccional in minimum and medium degrees.
  • Seduction by deceit: Punishable by arresto mayor.
  • Same penalties apply for acts of lewdness by the same persons under similar circumstances.

SECTION 3: Amendment to Article 446 of the Penal Code

• Legal Principle: Establishes penalties for the abduction of a virgin with her consent.
• Key Definitions:
  • Abduction: Taking someone away by force or fraud, though in this case, consent is given.
• Important Requirements/Procedures:
  • The age and consent of the victim are critical in determining the application of the law.
• Penalties and Consequences:
  • Abduction of a virgin over 12 and under 18 years of age with consent: Punishable by prisión correccional in minimum and medium degrees.

SECTION 4: Effective Date

• Legal Principle: This section addresses the immediate enactment of the law.
• Important Requirements/Procedures:
  • The Act shall take effect upon its passage as per section one of Act Numbered 1945 of the Philippine Legislature.

Key Takeaways

• Act No. 2298 amends specific provisions of the Penal Code focusing on penalties related to mitigating and aggravating circumstances in criminal cases.
• It particularly addresses crimes involving seduction and abduction of minors, establishing clear definitions and penalties for various offenders.
• The Act emphasizes the immediate effectivity upon its passage, reinforcing the urgency of the legislative intent.