GR 2953; (January, 1907) (Digest)
G.R. No. 2953
The United States v. Moises Padua
FACTS
– On 20 October 1904 Moises Padua abducted Juana Gallato, a 16‑year‑old girl of good character, from Candon, Ilocos Sur, with her consent.
– He escorted her to San Ildefonso, Santo Domingo, Ilocos Sur, and took her to a convent to petition the parish priest for marriage.
– No carnal relations occurred; this was affirmed by Gallato’s sworn statement.
– The trial court, relying solely on the agreed statement of facts, convicted Padua of rapto under Art. 446 of the Penal Code and sentenced him to 1 year 8 months 21 days imprisonment and costs.
ISSUE
Whether the prosecution established the essential element of raptoabduction “con miras deshonestas” (for immoral purposes)required to sustain a conviction.
RULING
The Supreme Court held that the element of immoral purpose is indispensable to rapto and the burden of proof lies on the prosecution. The agreed facts showed the abduction was undertaken solely to secure the girl’s marriage, with her consent, and not for illicit or immoral ends. Consequently, the prosecution failed to prove the required “con miras deshonestas.” The conviction was reversed, the sentence set aside, costs awarded to both parties de officio, and the defendant’s bail bond cancelled.
