Amendments to Penal Code Articles 81, 443, 446

Act No. 2298 is enacted to amend the Penal Code provisions governing (a) the rules for applying penalties when degrees exist (Article 81), and (b) the offenses and punishments for seduction (Article 443) and abduction (Article 446).
Section 4 states that public good requires the speedy enactment of the act.

Article 81 applies “in cases in which the penalties prescribed by law contain three degrees,” whether the penalty is a single divisible penalty or composed of three different penalties.
Courts must apply the penalty using the rules in Article 81 depending on whether mitigating or aggravating circumstances are present.
If there are neither aggravating nor mitigating circumstances, courts impose the penalty in its medium degree.
If only a mitigating circumstance is present, courts impose the penalty in its minimum degree.
If only an aggravating circumstance is present, courts impose the penalty in its maximum degree.
If both mitigating and aggravating circumstances are present, courts must offset those of one class against the other “according to their relative weight.”
If there are two or more mitigating circumstances and no aggravating circumstances, courts impose the penalty next lower to that prescribed by law, in the degree the court deems applicable, based on the number and weight of such circumstances.
Courts may not impose a greater penalty than that prescribed by law in its maximum degree regardless of how many and how weighty the aggravating circumstances are.
Within each degree, courts determine the extent of the penalty by considering the number and weight of aggravating and mitigating circumstances and the greater or lesser extent of the evil produced by the crime.

Article 443 penalizes the seduction of a virgin over twelve and under eighteen years of age when committed by any person in public authority, priest, servant, domestic, guardian, or teacher, or by the offender where the victim is under his care.
For that seduction under Article 443, the penalty is prision correctional in its minimum and medium degrees.
Article 443 imposes the same prision correctional penalty on any person who has carnal knowledge of his sister or descendant, even if the sister or descendant is over eighteen years of age.
If an offense described as seduction of a woman over twelve and under eighteen years of age is accomplished by means of deceit by any other person, the penalty is arresto mayor.
Article 443 imposes arresto mayor for any other act of lewdness committed by the same persons and under the same circumstances where the deceit-based seduction rule applies.

Article 446 penalizes the abduction of a virgin over twelve and under eighteen years of age when committed with her consent.
For that abduction under Article 446, the penalty is prision correctional in its minimum and medium degrees.