GR 27633; (December, 1927) (Digest)
G.R. No. 27633 , December 2, 1927
People of the Philippine Islands vs. Juan de Guzman, et al.
FACTS
In the evening of November 20, 1925, appellants Juan de Guzman, Eugenio de la Cruz, and Eduardo Mojica followed Rosa Salvador (14 years old) and her sister Casimira as they walked home. At a lonely spot, Juan de Guzman and Eugenio de la Cruz seized Rosa and forcibly took her to a nearby forest, while Eduardo Mojica restrained Casimira, threatening her with a penknife. Casimira escaped and sought help. In the forest, all three appellants subdued Rosa by holding her hands and feet, enabling Juan de Guzman to have carnal knowledge of her against her will. They then forcibly took her to Novaliches. Later that night, they brought her to a Protestant minister’s house to contract marriage. Rosa refused to sign, and after she privately told the minister she had been abducted and did not love Juan de Guzman, the minister tore the document. The appellants took her back to Juan de Guzman’s house. Rosa’s mother, sister, and brother later found her there. Rosa consistently refused to consent to any marriage with Juan de Guzman.
ISSUE
Whether the appellants are guilty of the complex crime of abduction with rape.
RULING
Yes. The Supreme Court found the appellants guilty of the complex crime of abduction with rape under Article 445 of the Penal Code. The defense’s claim of a love affair and voluntary elopement was rejected, as the evidence clearly established that Rosa Salvador was taken by force and against her will, and that she was raped through the concerted action of all three appellants. The crime was aggravated by abuse of superior strength and the commission in an uninhabited place. For the accused Eugenio de la Cruz, who was a minor (over 15 but under 18 years old), the mitigating circumstance of minority was applied.
The Court modified the trial court’s judgment. Juan de Guzman and Eduardo Mojica were each sentenced to twenty years of *reclusiΓ³n temporal* (maximum period), with accessories. Eugenio de la Cruz was sentenced to twelve years of *prisiΓ³n mayor* (next lower penalty, imposed in its maximum degree due to aggravating circumstances). All three were ordered to jointly and severally indemnify Rosa Salvador in the amount of P500. Juan de Guzman was further ordered to acknowledge and support any offspring.
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