Filipino citizens Hector and Wendy were married in New York, and have been living happily in Manila for the last three years. Hector was removing junk from his basement when he came across an unlabeled recordable cd. He put it in his computer’s DVD drive to check its contents. To his surprise, he saw a video of Wendy and another man Ariel, in the act of sexual intercourse in the master’s bedroom of his house. Angered by what he saw, he filed a complaint for adultery against Wendy and Ariel. During the course of the trial, and again to the surprise of Hector, it was proved that Wendy was born male and underwent sex reassignment later in life.
a) May Hector’s charge of adultery against Wendy and Ariel prosper? Explain. (3%)
b) What is an impossible crime? Can there be an impossible crime of adultery? (2%)
Suggested answer only. Not an official answer and not legal advice.
Yes, Hector's charge of Adultery will prosper; an impossible crime is an act that would be a crime against persons or property but fails due to inherent impossibility or ineffectual means, and no impossible crime of Adultery exists. Under Article 333 of
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Quick check
May an impossible crime of adultery be committed under Article 4, paragraph 2 of the Revised Penal Code?
Impossible crimes under Article 4(2) RPC apply exclusively to felonies against persons or property, excluding crimes against chastity like adultery.
What are the essential elements of the crime of Adultery under Article 333 of the RPC?
Adultery requires sexual intercourse between a legally married woman and a man who is not her husband.
Why does the sex reassignment history of Wendy NOT bar the prosecution for Adultery?
Wendy being legally married to Hector as his wife renders her sexual intercourse with Ariel punishable as adultery.
Under Article 4(2) of the RPC, which categories of felonies can give rise to an IMPOSSIBLE CRIME?
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Who incurs criminal liability as a co-principal in the crime of Adultery under Article 333 RPC?
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Learn more about these topics
1. Crime of Adultery
Under Article 333 of the Revised Penal Code, adultery is committed by any married woman who lies with a man who is not her husband, and by the man who has carnal knowledge of her knowing her to be married. Adultery is classified as a crime against chastity. The essential elements are that the woman is legally married and that she engages in sexual intercourse with a man other than her lawful spouse. Once a valid marriage exists and illicit sexual intercourse occurs, criminal liability for adultery attaches to both the woman and her paramour.
2. Impossible Crime Scope
Under Article 4, paragraph 2 of the Revised Penal Code, an impossible crime is committed by any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. Impossible crime is strictly limited by statutory definition to felonies against persons or felonies against property. Because adultery is classified under the Revised Penal Code as a crime against chastity, an impossible crime of adultery cannot legally exist under Philippine criminal law.
3. Sex Reassignment Impact
Under Philippine law, marriage contracted abroad between individuals who are recognized as male and female under the governing law of the place of celebration is accorded legal recognition. Where a person born male undergoes sex reassignment surgery and is legally married as a woman under applicable law, the marriage remains legally binding. For purposes of criminal liability under Article 333 of the Revised Penal Code, the wife's engagement in sexual intercourse with another man satisfies all the statutory elements of adultery, rendering her sex reassignment history immaterial to the prosecution.