An Act to Provide for the Public Prosecution of the Crimes of Adulterio, Estupro, Rapto, Violacion, Calumnia, and Injuria, to Abolish the Right of Pardon by the Aggrieved Party in Such Cases, to Provide for a Special Civil Action for Damages Therein, and for Other Purposes

October 11, 1907

ACT NO. 1773

AN ACT TO PROVIDE FOR THE PUBLIC PROSECUTION OF THE CRIMES OF ADULTERIO, ESTUPRO, RAPTO, VIOLACION, CALUMNIA, AND INJURIA, TO ABOLISH THE RIGHT OF PARDON BY THE AGGRIEVED PARTY IN SUCH CASES, TO PROVIDE FOR A SPECIAL CIVIL ACTION FOR DAMAGES THEREIN, AND FOR OTHER PURPOSES

SECTION 1. Hereafter the crimes of adulterio, estupro, rapto, violation, calumnia, and injuria, as defined by the Penal Code of the Philippine Islands, shall be deemed to be public crimes and shall be prosecuted in the same manner as are all other crimes defined by said Penal Code or by the Acts of the Philippine Commission: PROVIDED, HOWEVER, That no prosecution for the crimes of adulterio, estupro, or injuria committed against persons other than public officials or employees shall be instituted except upon the complaint of the aggrieved person or of the parents, grandparents, or guardian of such person.

SECTION 2. Condonation, pardon, or remission of penalty by the aggrieved person or the parents, grandparents, or guardian of such person shall in no way extinguish the liability of the guilty person or persons to criminal prosecution and punishment, nor shall such condonation, pardon, or remission operate to dismiss or suspend any prosecution once commenced in accordance with the provisions of the preceding section: PROVIDED, HOWEVER, That in cases of estupro, rapto, or violation the legal marriage of the accused or convicted person to the aggrieved person shall extinguish such criminal liability.

SECTION 3. In all cases wherein a criminal prosecution for any of the offenses mentioned in section one of this Act might be brought, the aggrieved person or such person's parents, grandparents, or guardian may also bring a civil action and recover therein civil damages from the guilty person. The remedy hereby given shall be deemed to be an additional remedy, apart from any other remedies which the existing law may afford, and nothing herein contained shall be so construed as to revoke, repeal, or modify any other civil remedy which the existing law, in such cases, affords, nor shall anything contained in this Act be construed to modify or repeal any of the provisions of Act Numbered Two hundred and seventy-seven, entitled "An Act defining the law of libel and threats to publish a libel, making libel and threats to publish a libel misdemeanors, giving a right of civil action therefor, and making obscene or indecent publications misdemeanors," as amended.

SECTION 4. So much of the Penal Code of the Philippine Islands as is inconsistent herewith is hereby repealed.

SECTION 5. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SDAaTC

SECTION 6. This Act shall take effect on its passage.

ENACTED, October 11, 1907.