WHAT IS THE EFFECT OF MARRIAGE OF THE OFFENDER WITH THE OFFENDED PARTY IN PRIVATE CRIMES?
> It shall extinguish the criminal action or remit the penalty already imposed—this implies to co-principals, accomplices, and accessories
> However, where multiple rape is committed, marriage of the offended party with one defendant extinguishes the latter’s liability and that of his accessories or accomplices for a single
crime of rape cannot extend to the other acts of rape
IF THE OFFENDED IN RAPE IS THE LEGAL HUSBAND OF THE OFFENDED PARTY, HOW CAN THE HUSBAND’S CRIMINAL LIABLITY BE EXTINGUISHED?
> The subsequent forgiveness by the wife shall extinguish the criminal action or the penalty
> But the penalty shall not be abated if the marriage is void ab initio