GR 1101; (March, 1903) (Digest)
G.R. No. 1101 , March 16, 1903
THE UNITED STATES, complainant-appellee, vs. ISAAC BAILOSES, defendant-appellant.
FACTS:
The defendant, Isaac Bailoses, was the president of the pueblo. The prosecuting witness, Saturnina Emiterio, owed him one peso. The defendant sent policemen to arrest her and bring her to his house. There, after beating her with a stick, he compelled her to remove all her clothing and dance before himself and numerous other persons. The defendant was convicted of the crime of abusos deshonestos (indecent abuses) under Article 439 of the Penal Code.
ISSUE:
Whether the acts committed by the defendant constitute the crime of abusos deshonestos, considering the claim that his motive was to punish the witness for a debt and not libidinous intent.
RULING:
Yes. The Supreme Court affirmed the conviction. The Court held that while the defendant’s dominating motive may have been revenge for the unpaid debt, it could not be believed that there was no admixture of lasciviousness in the thoughts and purposes of a man who would devise such a method of exacting satisfaction from a woman. Therefore, the offense of abusos deshonestos was properly established. The Court also ruled that any defect in the complaint for lack of oath by the prosecuting witness was both waived, as no objection was raised at trial, and cured, as the provincial fiscal adopted the complaint in a signed writing filed in court, making it equivalent to an information. The judgment of conviction was affirmed.
