Adultery

Art. 333.  Who are guilty of adultery. — Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void.     

Adultery shall be punished by prision correccional in its medium and maximum periods.      

If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.

Elements of adultery

1.  That the woman is married;

2.  That she has sexual intercourse with a man not her husband;

3.  That as regards the man with whom she has sexual intercourse, he must know her to be married

The woman must be married

•  The legitimacy of the marriage relation between the offended husband and the defendant wife is one of the circumstances which must necessarily attend the crime of adultery. Once it is shown that the man and the woman lived as husband and wife, none of the parties denied and contradicted the allegation in the complaint, the presumption of their being married must be admitted as a fact (US vs. Villafuerte, 4 Phil 476)

The offended party must be legally married to the offender at the time of the criminal case

•  The person who initiates the adultery case must be an offended spouse and by this is meant that he is still married to the accused spouse, at the time of the filing of the complaint. 

“Even if the marriage be subsequently declared void”

•  It is not necessary that there be a valid marriage between the offended husband and the guilty wife. There is adultery, even if the marriage of the guilty woman with the offended husband is subsequently declared void.

Reason for punishing adultery even if the marriage is subsequently declared void:

•  Until the marriage is declared to be null and void by competent authority in a final judgment, the offense to the vows taken, and the attack on the family exists.

Carnal knowledge may be proved by circumstantial evidence

•  The finding in the possession of a married woman of several love letters signed by her paramour, their having together in different places, and the fact that they were surprised in a well known assignation house, which the accused woman admitted to have visited 6 times in company with her paramour are data and indications sufficient to convict them both of adultery.

•  Photograph showing the intimate relations of the two accused; testimony of a witness to the effect that the two accused were in scant apparel and sleeping together.

•  Direct proof of carnal knowledge is not necessary to sustain a conviction for adultery. Circumstantial and corroborative evidence such as will lead the guarded discretion of a reasonable and just man to the conclusion that the criminal act of adultery has been committed will suffice to bring about conviction for that crime.

Adultery cannot be in the frustrated stage. 

It can only be attempted or consummated because the essence of adultery is sexual intercourse. 

Each sexual intercourse constitutes a crime of adultery

•  Each instance is one count of adultery. There will be as many counts of adultery as there are sexual intercourse. 

•  The crime of adultery is an instantaneous crime which is consummated and completed at the moment of the carnal union. Even if the husband should pardon his adulterous wife, such pardon would not exempt the wife and her paramour from criminal liability after the pardon had been granted because the pardon refers to previous and not to subsequent adulterous acts. Adultery, therefore, is not a continuing offense.

•  The essence of adultery is the violation of the marital vow.

•  The gist of the crime of adultery is the danger of introducing spurious heirs into the family, where the rights of the real heirs may be impaired and a man may be charged with the maintenance of a family not his own.

Abandonment without justification is not exempting, but only a mitigating circumstance

•  Abandonment could not serve her as an excuse or free her from the criminal responsibility she incurred by the breach of fidelity she owed her husband, for she had means within the law to compel him to fulfill the duties imposed upon him by marriage.

Sheer necessity, mitigating liability of the married woman

•  She was left helpless and in such a great need that she found herself in the predicament of committing adultery for the sake of her three children. Moreover, she believed that her husband had died in the sea.

•  Both defendants are entitled to this mitigating circumstance 

The man must know the woman to be married

•  The man, to be guilty of adultery, must have knowledge of the married status of the woman, which is an essentialelement

•  A married man who is not liable for adultery, because he did not know that the woman was married, may be held liable for concubinage

The acquittal of one of the defendant does not operate as a cause for the acquittal of the other because:

1.  There may not be a joint criminal intent, although there is joint physical act.

2.  Thus, one of the parties may be insane and the other sane, in which case, only the same could be held liable criminally.

  

3.  Thus also, the man may not know that the woman is married, in which case, the man is innocent.

4.  Thus, also, the death of the woman during the pendency of the action cannot defeat the trial and conviction of the man.

5.  Even if the man had left the country and could not be apprehended, the woman can be tried and convicted.

Effect of the death of the paramour

• It will not bar prosecution against the unfaithful wife because the requirement that both offenders should be included in the complaint is absolute only when the two offenders are alive.

Effect of the death of offended party

•  The proceedings must continue. Pardon after criminal proceedings have been instituted cannot extinguish criminal liability. But if he dies before a complaint could be filed, the case cannot go on because no one can sign and file the complaint.

Effect of pardon

•  The pardon must come before the institution of the criminal prosecution and both offenders must be pardoned by the offended party. Thus, a motion to dismiss filed on behalf of the defendant wife alone based on an affidavit executed by the offended husband in which he pardoned her for her infidelity cannot prosper. 

•  The act of having intercourse with the offending spouse subsequent to adulterous conduct is an implied pardon. But is does not follow that, in order to operate as such, an express pardon must also be accompanied by intercourse between spouses thereafter.

•  The offended party cannot institute criminal prosecution if he shall have consented or pardoned the offenders (Art. 334, RPC). While there is a conceptual difference between consent and pardon in the sense that consent is granted prior to the adulterous act while pardon is given after the illicit affair, for either consent or pardon to benefit the accused, it must be given prior to the filing of a criminal complaint. 

Effect of consent

•  The husband, knowing that his wife, after serving sentence for adultery, resumed living with her co-defendant, did nothing to interfere with their relations or to assert his rights as husband. Shortly thereafter, he left for Hawaii where he remained for 7 years completely abandoning his wife and child. Held: The second charge of adultery should be dismissed because of consent.

• Agreement to separate. While the agreement is void in law, it is nevertheless competent evidence to explain the husbands inaction after he knew of his wife’s living with her co-accused. He may be considered as having consented to the infidelity of his wife, which bars him from instituting criminal complaint.

Will the doctrine of pari delicto be applicable in Adultery?

In the Guinucud case, the Court found that the complaining husband, by entering into an agreement with his wife that each of them were to live separately and could marry other persons and by filing complaint only about a year after discovering his wife's infidelity, had "consented to, and acquiesced in, the adulterous relations existing between the accused, and he is, therefore, not authorized by law to institute the criminal proceedings." In fine, the Guinucud case refers not to the notion of pari delicto but to consent as a bar to the institution of the criminal proceedings. In the present case, no such acquiescence can be implied: the accused did not enter into any agreement with Dr. Neri allowing each other to marry or cohabit with other persons; and Dr. Neri promptly filed his complaint after discovering the illicit affair. Moreover, the concept of pari delicto is not found in the Revised Penal Code, but only in Article 1411 of the Civil Code. The Court notes that Article 1411 of the Civil Code relates only to contracts with illegal consideration (Arroyo, Jr. vs. Court of Appeals, G.R. No. 96602, November 19, 1991).

Who can initiate the action for adultery?

Only the offended spouse can initiate the action. Both offenders (wife and paramour) must be named in the complaint unless one is already dead which fact must be alleged in the information, otherwise, the information is defective and subject to motion to quash. 

In adultery, although the paramour is not aware that the other party is married woman, for the purpose of filing the complaint, he must be included in the complaint/information.

Under the law, there is no accomplice in adultery

Sources: 

Leonor D. Boado, Notes and Cases on the Revised Penal Code, 2004 ed.

Luis B. Reyes, The Revised Penal Code, Book II, 2001 ed. 

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Concubinage

Art. 334. Concubinage. — Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods.  

The concubine shall suffer the penalty of destierro. 

How is concubinage committed?

The crime of concubinage is committed in 3 ways:

1.  By the husband's keeping a mistress in the conjugal dwelling; or 

2. By his having sexual intercourse, under scandalous circumstance, with a woman who is not his wife; or 

3.  By cohabiting with her in any other place. 

What are the elements of concubinage?

1.  That the man must be married; 

2.  That he committed any of the following acts: 

a.  Keeping a mistress in the conjugal dwelling 

b. Having sexual intercourse under scandalous circumstances with a woman who is not his wife 

c.  Cohabiting with her in any other place; 

3.  That as regards the woman, she must know him to be married. 

Who are the offenders in the crime of concubinage?

The married man and the woman who knows him to be married. 

What is the penalty for concubinage?

Prision correccional in its minimum and medium period. Destierro for the concubine.

Why is adultery more severely punished than concubinage?

While both are crimes of marital vow, the severe penalty of adultery (i.e., each act is separate adultery) may be justified by the danger of introducing spurious child in the family. 

Adultery makes possible the introduction of another man’s blood into the family so that the offended husband may have another man’s son bearing his name and receiving support from him. 

Concubinage by keeping a mistress in the conjugal dwelling 

•  The wife left the conjugal home and lived with her parents because of troubles between husband and herself. The husband took into the house his co-accused and they lived together conjugally. They were seen feeding and caressing each other. 

Held: Guilty of concubinage. When the mistress lived in the dwelling, no positive proof of actual intercourse is necessary, it appearing that the mistress is pregnant not by any other man and that they were surprised on the same bed. 

Who is a mistress? 

•  It is necessary that the woman is taken by the accused into the conjugal dwelling as a concubine. 

What is a conjugal dwelling? 

•  The home of the husband and wife even if the wife happens to be temporarily absent on any account. 

 •  A house constructed from the proceeds of the sale of conjugal properties of the spouses, even if the wife never had the chance to reside therein. 

Sexual intercourse under scandalous circumstances 

• For the existence of concubinage by having sexual intercourse under scandalous circumstances, the offender must be so imprudent and wanton as to offend modesty and that innate sense of morality and decency of the people in the neighborhood.

• It is only when the mistress (concubine) is kept elsewhere (outside conjugal dwelling) that scandalous circumstances become an element of the crime. (US. V. Macabagbag, et. al 31 Phil. 257) 

• Scandal is any word or deed that offends public conscience redounds to the detriment of the feelings of honest persons and gives occasion to the neighbors spiritual damage or ruin (People v. Santos, et al. 45 O.G. 2116). 

The scandal produced by the concubinage of a married man occurs not only when: (1) he and his mistress live in the same room of a house but also when (2) they appear together in public and (3) perform acts in sight of the community which give rise to criticism and general protest among the neighbors.

• This may be proved by circumstantial evidence. 

• The people in the vicinity are the best witnesses to prove scandalous circumstances. 

• When spies are employed for the purpose of watching the conduct of the accused and it appearing that none of the people living in the vicinity has observed any suspicious conduct on his part in relation with his co-accused, there is no evidence of scandalous circumstances. 

    

Cohabiting with a woman in any other place

• Mere cohabitation is sufficient. Proof of scandalous circumstances is not necessary. 

•  A married man is not liable for concubinage for mere sexual relations with a woman not his wife. 

•  That the accused is really the father of the child, alone and by itself, is not sufficient to prove concubinage. Any of the 3 acts of concubinage must be proved. 

Meaning of cohabit 

•  To dwell together, in the manner of husband and wife, for some period of time, as distinguished from occasional, transient interviews for unlawful intercourse. Hence the offense is not a single act of adultery; it is cohabiting in a state of adultery which may be a week, a month, a year or longer. 

 •  There is no concubinage if a married man is surprised in the act of sexual intercourse with a woman not his wife in a hotel. 

 •  A person who keeps a mistress in an apartment furnished by him is not guilty of concubinage if he does not live or sleep with her in said apartment. 

May a husband be liable for concubinage and adultery at the same time for the same act of illicit intercourse with the wife of another man?

Yes. When a husband commits concubinage with a married woman, he will be liable for adultery and concubinage for the same act of sexual intercourse, provided that the two offended parties, i.e., the husband of his paramour, and his wife files separate cases against him. This is because there are different offended parties and the elements of concubinage and adultery are different, thus, double jeopardy is out of the question.


Who can initiate the action for concubinage?

Only the offended spouse can initiate the action. Both offenders (husband and concubine) must be named in the complaint unless one is already dead which fact must be alleged in the information, otherwise, the information is defective and subject to motion to quash. 


Sources: 

Leonor D. Boado, Notes and Cases on the Revised Penal Code, 2004 ed.

Luis B. Reyes, The Revised Penal Code, Book II, 2001 ed. 

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Acts of Lasciviousness

Art. 336.  Acts of lasciviousness.  — Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional.  

Elements:

1.  That the offender commits any act of lasciviousness or lewdness 

2.  That the act of lasciviousness is committed against a person of either sex 

3.  That it is done under any of the following circumstances: 

 a.  By using force or intimidation 

 b.  When the offended party is deprived of reason or otherwise unconscious 

 c.  By means of fraudulent machination or grave abuse of authority 

 d.  When the offended party is under 12 years of age or is demented 

Examples

Embracing, kissing and holding girl’s breast is act of lasciviousness. 

•  Taking advantage of the fact that Paula, a young married woman, was alone in the house, the accused went to the house of said woman on the pretext of asking for a glass of water, stealthily approached her and, without giving her an opportunity to defend herself, embraced and kissed her and caught hold of her breasts. When Paula recovered from the shock, she defended herself in spite of the fact that the accused threatened to kill her with a dagger.  

•  When a man embraces and kisses a woman three times and intentionally fondled her breast at the same time in a theater where the lights were out and the people’s attention was naturally concentrated on the picture, he must be considered as having done so with a feeling of lasciviousness, a mental process of emotion that differs in intensity in different situations and different persons. Being a purely mental process discernible only by overt acts, no inflexible rule can be laid down as an accurate measure. 

•  Kissing and embracing a woman against her will are acts of lasciviousness when prompted by lust or lewd designs. 

Compelling a girl to dance naked before men is an act of lasciviousness

For her failure to pay her debt, the girl, after beating her with a stick, was compelled by the defendant to take off her clothes and dance before himself and may other persons. Held: there was a crime of acts of lasciviousness, even if the dominating motive is revenge, for her failure to pay a debt, for it cannot be believed that there was no admixture of lasciviousness in the thought and purpose of the defendant who could devise such method.

Lover's embrace and kisses, not acts of lasciviousness

•  Lover’s embrace and kisses are not acts of lasciviousness, there being no evidence that the lover was actuated by lustful design or purpose, or that his conduct was lewd or lascivious. 

Motive of lascivious acts 

Motive of lascivious acts is not important because the essence of lewdness is the very act itself. It is not a defense that appellant was motivated not by lewdness but by a desire to avenge the fact that her father committed a criminal attack on appellant's wife during the Japanese occupation. 

The act of lasciviousness must be committed under any of the circumstances mentioned in the definition of the crime of rape 

1.  By using force or intimidation; 

2.  When the offended party is deprived of reason or otherwise unconscious; 

3.  By means of fraudulent machination or grave abuse of authority; or 

4.  The offended party is under 12 years old or is demented.

•  It is not necessary that intimidation or physical force be irresistible, it being sufficient that some violence or moral compulsion amounting to intimidation, annuls or subdues the free exercise of the will of the offended party. 

In some cases, touching the breast of a woman is considered unjust vexation only. 

•  Accused, inside a Catholic church and after the service has begun, approached a girl from behind and forcibly embraced and kissed her on the left cheek and at the same time fondled her breast.  It was held that the accused was guilty only of unjust vexation. The CA said, “considering the religious atmosphere and the presence of many persons, the conduct of the accused cannot be considered lascivious. He performed the said acts either to spite the girl or to force her to accept him as a lover. (People v. Anonuevo) 

 •  The accused, in the store of the offended girl, kissed her in public view and touched her breast. The crime was unjust vexation because there were no lewd designs. It appeared that the accused had been wooing the girl, but she jilted him. 

 •  The presence or absence of the lewd designs is inferred from the nature of the acts themselves and the environmental circumstances.  

Acts of lasciviousness distinguished from unjust vexation 

•  When the accused merely kissed and embraced the complainant, either out of passion or other motive, touching the girl’s breast as a mere incident to embrace, is unjust vexation. 

 •  But when the accused not only kissed and embraced the complainant, but fondled her breast with the particular design to independently derive vicarious pleasure therefrom, the element of lewd design exists. 

 •  Where the accused touched three times the private parts of the offended woman over her panties, without employing any force or intimidation, he is guilty of unjust vexation, because it might have been committed merely to satisfy a “silly whim.” 

    

•  But the act of the accused in forcibly placing his hand between the legs of a 12-year old girl, or without force if she be under that age, constitutes the crime of acts of lasciviousness. 

Distinguished from grave coercion 

•  Where an old woman was taken from her house against her will, slapped and maltreated, her drawers taken off and her hands and feet bound by the accused to compel her to admit that she stole clothes of certain persons. The crime was grave coercion. 

    

Abuses against chastity distinguished from offenses against chastity 

•  Abuses Against Chastity (Art. 246, RPC) 

-  is committed by public officer  

- mere immoral or indecent proposal made earnestly and persistently is sufficient 

•  Offenses Against Chastity 

- committed in most cases by a private individual 

- it is necessary that some actual acts of lasciviousness should have been executed by the offender. 

Distinguished from attempted rape 

Similarities:

1.  The manner of committing the crime is the same – by force or intimidation is employed, by means of fraudulent machinations or grave abuse of authority, or the offended party is deprived of reason or otherwise unconscious, under 12 years of age or is demented. 

2.  The offended party in both crimes is a person of either sex. 

3. The performance of acts of lasciviousness character is common to both crimes. 

Differences:

1. If the acts performed by the offender clearly indicate that his purpose was to lie with the offended woman, it is attempted or frustrated rape

2. In case of attempted rape, the lascivious acts are but the preparatory acts to the commission of rape; whereas, in the other, the lascivious acts are themselves the final objective sought by the offender.

It is not attempted rape, when there is no intent to have sexual intercourse. 

Circumstances indicating intention to lie with the offended party 

•  Slipping his trousers down and tearing the drawers of the girl, as well as kissing her and fondling her breasts, abundantly show an intention to have intercourse with her by force. 

•  The accused lifted the dress of the woman and placed himself on top of her. The woman awoke and screamed for help. But the accused persisted in his purpose, thereby indicating his intention to ravish her. 

Desistance in the commission of attempted rape may constitute acts of lasciviousness 

•  Desistance does not imply the absolute irresponsibility of the offender with respect to acts already committed. If the acts of lasciviousness were already committed, they are within the nature of the consummated crime of acts of lasciviousness, since actual damage was already done to a lawful right. 

No attempted or frustrated crime of acts of lasciviousness 

From the moment the offender performs all the elements necessary for the existence of the felony, he actually attains his purpose and, from that moment, all the essential elements of the offense have been accomplished. 

Art. 336 vs. Art. 339

Act of lasciviousness under Art. 336 is committed against a male or a female and under circumstances o rape, i.e., without consent.

Acts of lasciviousness with consent of the offended party under Art. 339 is committed against a female under circumstances of seduction.

Under R.A. No. 7610, it is child abuse. Where the child is under 12, the penalty is one degree higher. 

Sources: 

Leonor D. Boado, Notes and Cases on the Revised Penal Code, 2004 ed.

Luis B. Reyes, The Revised Penal Code, Book II, 2001 ed. 

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Simple Seduction

Art. 338.  Simple seduction.  — The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.          

Elements:

1.  That the offended party is over 12 and under 18

2.  That she must be of good reputation, single or widow

3.  That the offender has sexual intercourse with her

4.  That it is committed by means of deceit

Example

•  The accused went to the house of his fiancée, her parents then being absent, and availing himself of that opportunity, with a renewal of his promise to make he his wife, he succeeded in having sexual intercourse with her. Held: The accused is guilty of simple seduction. Deceit, the usual form of which being an unfulfilled promise of marriage, is an important element of the offense.

The offended girl must be over 12 and under 18

•  If she is under 12, the crime is rape, even if the offender succeeded in having sexual intercourse with her by means of deceit.

 •  If she is over 18, there is no force or intimidation or she is not unconscious or otherwise deprived of reason, there is no crime even if the accused has sexual intercourse with her. This is true even if deceit is employed by the accused.

Virginity of the offended party is not required

•  It is not essential in simple seduction that the woman seduced be a virgin, as all that is necessary is that she is of good reputation.

• But a woman who had illicit relations with a number of men prior to accused’s sexual intercourse with her, is not of good reputation.

There must be sexual intercourse

•  If there is no sexual intercourse and only acts of lewdness are performed, the crime is acts of lasciviousness.

Deceit generally takes the form of unfulfilled promise of marriage and this promise need not immediately precede the carnal act.

•  Promise of marriage must be the inducement and the woman must yield because of the promise or other inducement. If she consents merely from carnal lust, and the intercourse is from mutual desire, there is no seduction.

May the man who is willing and ready to marry the girl seduced by him be held liable for simple seduction?

•  It is believed that he is liable. Because his willingness to marry her may still amount to deceit, not by itself but by attending circumstances vitiating such willingness, as when the man knows that the girl cannot legally consent to the marriage, and yet he makes a promise to marry her. The consent of the parents cannot be taken for granted, as in majority of case, parents would not consent to the marriage of their young daughter.

Deceit consisting in unfulfilled promise of material things

•  If a woman, under 18 but over 12, agrees to sexual intercourse with a man who promised to give her precious jewelry, and the man never fulfills it, there is no seduction because she proves to be a woman of loose morals. She is a high-class prostitute.

Promise of marriage by a married man, whom the woman knew to be married, is not deceit because it is clear that there was no reliance on the promise.

Promise of marriage after sexual intercourse or after a woman has yielded her body to the man’s illicit embraces, does not constitute deceit.

No continuing offense of seduction.

Purpose of the law in punishing simple seduction

•  Not to punish illicit intercourse but to punish the seducer who by means of promise of marriage, destroys the chastity of an unmarried female of previous chaste character, and who thus draws her aside from the path of virtue and rectitude and then fails and refuses to fulfill his promise, a character despicable in the eyes of every decent, honorable man.

Simple seduction vs. qualified seduction

1. Offended Party

SS - woman is single or a widow of good reputation

QS - woman is a virgin (morally)

2. Offender

SS - offender may be any person

QS - offender is any person in public authority, priest, house servant, domestic, guardian, teacher or any person entrusted with the education or custody of the woman seduced

3. Age of offended party

SS - the victim is always over 12 but under 18

QS - the victim may be over 18 when the offender is the brother or ascendant 

• Only the crime of rape and seduction carry the element of sexual intercourse (other than adultery and concubinage). In forcible abduction, when sexual intercourse occurs, the crime is Forcible Abduction with Rape (complex crime under Article 48) because forcible abduction does not involve sexual intercourse as an element. 

Sources: 

Leonor D. Boado, Notes and Cases on the Revised Penal Code, 2004 ed.

Luis B. Reyes, The Revised Penal Code, Book II, 2001 ed. 

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Acts of Lasciviousness with the Consent of the Offended Party

Art. 339.  Acts of lasciviousness with the consent of the offended party. — The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338.  

Elements

1.  That the offender commits acts of lasciviousness or lewdness

2.  That the acts are committed upon a woman who is a virgin or single or widow of good reputation, over 12 but under 18, or a sister or a descendant regardless of her reputation or age

3.  That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit

Offended party

•  Male cannot be the offended party in this crime because unlike Article 336, Article 339 does not mention “persons of wither sex” as the offended party.

“Committed by the same persons and under the same circumstances as those provided in Articles 337 and 338.”

•  In order that the crime of acts of lasciviousness with the consent of the offended party may be committed, it is necessary that the crime is committed under the circumstances which would make it qualified or simple seduction had there been sexual intercourse, instead of acts of lewdness only.

“With the consent of the offended party”

•  The offended woman may have consented to the acts of lasciviousness being performed by the offender on her person, but the consent is obtained by abuse of authority, confidence, relationship or by means of deceit.

Article 336 and 339, compared

•  Both treat of acts of lasciviousness.

•  Under Article 336, the acts are committed under circumstances which, had there been carnal knowledge, would amount to rape.

•  Under Article 339, the acts of lasciviousness are committed under the circumstances which had there been carnal knowledge, would amount to either qualified seduction or simple seduction. There may be consent, but there is either abuse of authority, confidence or relationship, or deceit.

Penalty when victim is under 12

•  One degree higher than that imposed by law when the victim is under 12 years of age (Sec. 10, RA No. 7610) 

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