G.R. No. 2164 : May 1, 1905

FACTS:
Pedro Santos was charged with the crime of rape. After trial, the lower court found that the crime of rape was not proven. Instead, the court found that the facts established the crime of seduction. Consequently, the trial court convicted Santos of the crime of seduction, which it considered to be necessarily included in the charge of rape.

ISSUE:
Whether the defendant-appellant can be validly convicted of the crime of seduction under a complaint for rape filed and prosecuted by the public prosecutor.

RULING:
No. The Supreme Court reversed the judgment of conviction.

1. On the Merits of the Charge: The Court agreed with the trial court’s finding that the crime of rape was not proven, as there was no evidence of violence or intimidation, and the alleged victim had assisted the defendant.

2. On the Conviction for Seduction: The Court held that even assuming the facts constituted seduction, the conviction therefor was invalid due to a procedural defect. The crime of seduction, under Article 448(1) of the Penal Code, is a private crime that can only be prosecuted at the instance (upon the formal complaint) of the offended party, her parents, grandparents, or legal guardian. In this case, the criminal action was brought and sustained solely by the public prosecutor. While the victim’s mother had given information, she did not file a formal complaint. The Court distinguished a mere “denunciation” (which suffices for crimes like rape) from the required “instance” for seduction.

3. Disposition: The Supreme Court reversed the appealed judgment and acquitted Pedro Santos of the crime of rape. The Court reserved to the offended party the right to file a separate action for seduction. Costs were declared de oficio.