GR 25604; (December, 1926) (Digest)
G.R. No. 25604
December 6, 1926
PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ELIGIO AMANTE, PEDRO AMANTE, VICENTE SANCHEZ, and FRANCISCO SANCHEZ, defendants-appellants.
FACTS
Patrocinio Botardo, a 15-year-old student, was courted by accused Pedro Amante, who proposed marriage. She refused unless he sought her mother’s consent. On July 23, 1925, accused Vicente Sanchez and Eligio Amante persuaded Patrocinio to follow them to the Baao railway station under the pretext of going to Ligao to marry Pedro. Instead, they took her to San Juan chapel and then to the house of Josefa Sto. Domingo. From there, they led her to a secluded coconut grove. Patrocinio was successively raped by all four accusedEligio Amante, Pedro Amante, Vicente Sanchez, and Francisco Sanchezwho used force and intimidation. After the assaults, the accused took her to Ligao, where they continued to detain her. She was later recovered by her mother with the help of the authorities. The accused were charged with the complex crime of abduction with consent and rape.
ISSUE
Whether the accused are guilty beyond reasonable doubt of the complex crime of abduction with consent and rape.
RULING
YES. The Supreme Court affirmed the judgment of the Court of First Instance of Camarines Sur, convicting all accused of abduction with consent and rape. The Court found Patrocinio’s testimony credible, consistent, and corroborated by evidence. Her conduct after the incidentincluding shame and reluctance to return homewas deemed natural for a young victim of such a crime. The defense of alibi presented by the accused was weak and improbable. The Court held that the evidence established beyond reasonable doubt that all four accused successively raped Patrocinio after abducting her with her initial consent (for marriage), which was vitiated by their subsequent forcible acts. The penalties imposed by the trial court were upheld: Eligio Amante, Vicente Sanchez, and Francisco Sanchez were sentenced to *reclusion temporal* (17 years, 4 months, and 1 day); Pedro Amante, being a minor, was sentenced to *prision mayor* (12 years). All were ordered to indemnify the victim jointly and severally.
DISSENTING OPINION:
Justices Romualdez and Avanceña dissented, arguing that the evidence did not prove rape beyond reasonable doubt and that the accused should only be convicted of abduction with consent.
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