Dear Atty. Nico,

I have been charged with the crime of Simple Seduction. My complainant was my former lover. She was only 17 years of age while I was 25 years of age when we had a relationship. During the course thereof, I had carnal knowledge with her. At the same time, she knew that I was married. Eventually, she got pregnant. After her parents found out about the pregnancy, they wanted us to get married. However, due to my current state, I had to decline, hence, the criminal charge. Am I liable for simple seduction?

Josiah

Dear Josiah,

Under Article 338 of the Revised Penal Code, the following elements are supposed to be present:

1) The private complainant is over 12 and under 18 years of age;

2) She is single and of good reputation;

3) The offender had sexual intercourse with her; and

4) It was committed with deceit.

In the case of XXX vs. People (GR no. 240385, 08 October 2025), the Supreme Court held that the deceit contemplated by law is persuasion to engage in sexual intercourse upon a promise of marriage.

Applying the foregoing, the element of deceit is clearly absent where the complainant knew, at the time of the sexual relations, that the accused was already married. Such knowledge negates any reasonable belief in a promise of marriage and, consequently, removes the legal basis for deceit as contemplated under Article 338. Moreover, in the absence of any prior promise of marriage that induced the complainant to engage in the act, the prosecution cannot establish this essential element.

Applying the same in your case, there could be no element of deceit herein since it was clear that she knew about your marriage the same time that both of you had carnal knowledge. Furthermore, you did not give her a promise of marriage before engaging in such activity. Hence, the elements for Simple Seduction have not been satisfied.

Atty. Nico A. Antonio