G.R. No. 1446 : February 17, 1904
THE UNITED STATES, complainant-appellee, vs. AMBROSIO DE LA CRUZ, defendant-appellant.

FACTS:
On the night of July 20, 1903, the accused, Ambrosio de la Cruz, then about 16 years old, entered the house of Paula de los Santos, who was about 15 years old, without permission. He seized Paula, threw her to the floor, and struggled with her. Paula cried for help. Her aunt, who was present, was too afraid to intervene. A neighbor, Apolinar Acosta, and Paula’s mother, hearing the cries, rushed to the scene. Acosta found the accused on the floor struggling with Paula. The evidence indicated that the accused had previously visited Paula and desired to marry her. The Court of First Instance found the defendant guilty of attempted rape and sentenced him to two years and six months of prision correccional.

ISSUE:
Whether the penalty imposed by the trial court is correct in light of the applicable provisions of the Penal Code considering the defendant’s minority and the presence of an aggravating circumstance.

RULING:
The Supreme Court modified the penalty. The crime of consummated rape is punishable by reclusion temporal under Article 483 of the Penal Code. For an attempt to commit a crime, Article 66 prescribes a penalty two degrees lower, which is prision correccional. However, since the accused was 16 years old, Article 85(1) applies, mandating a penalty one degree lower than that prescribed by law due to his minority (over 15 but under 18). This results in the penalty of arresto mayor. The commission of the crime at nighttime was correctly appreciated as an aggravating circumstance. With no extenuating circumstances to offset it, the maximum degree of the penalty must be imposed pursuant to Article 81(3) of the Penal Code. Consequently, the Supreme Court sentenced the accused to six months of arresto mayor and to pay the costs of both instances.