G.R. No. L-8174; August 12, 1913
THE UNITED STATES, plaintiff-appellee, vs. JOSE TANDIANA, defendant-appellant.

FACTS

The defendant, Jose Tandiana, was charged with the crime of *rapto* (abduction). The complaint alleged that on or about May 26, 1912, in Manila, he willfully and with unchaste designs abducted with her own consent Antonia Silvestre, a girl over 12 and under 23 years of age. The evidence showed that the defendant was less than 16 years old, and the offended party, Antonia Silvestre, was less than 17. At the defendant’s solicitation, Antonia left her mother’s house without permission and met the defendant, who took her in a carromata. He initially claimed they were going to a minister’s house for marriage but later stated they were too young to marry. He then took her to the house of Justa Arran in Tayuman, where he kept her for several days and had illicit relations with her under a promise of marriage. The defendant claimed he was the one abducted by Antonia, but the trial court did not believe this contention.

ISSUE

Whether the evidence adduced during the trial was sufficient to prove the guilt of the defendant for the crime of *rapto* beyond a reasonable doubt.

RULING

Yes. The Supreme Court affirmed the judgment of the lower court. The proof established that Antonia Silvestre was abducted with her consent. The defendant was therefore guilty under Article 446 of the Penal Code. Considering that the defendant was over 15 but under 18 years of age, the penalty under said article, in relation to paragraph 2 of Article 85, should be *arresto mayor*. The lower court, however, sentenced the defendant to confinement at the Lolomboy estate for one year, eight months, and twenty-one days, or until further order, pursuant to Act No. 1438 . This Act allowed the court, for minors convicted of offenses not punishable by life imprisonment or death, to suspend judgment and commit them to a reform institution until majority or for a lesser period. The penalty imposed was within the court’s discretion under the law, and the Supreme Court found no reason to alter it. The sentence was affirmed.