G.R. No. 3167

PARTIES:
THE UNITED STATES, plaintiff-appellee, vs. DOMINGO CECILIO, defendant-appellant.

FACTS:
Domingo Cecilio was convicted by the Court of First Instance for the abduction of a girl under 23 but not younger than 12 years of age, with the girl’s consent. The court imposed a penalty of six months and one day of imprisonment and an indemnification of 100 pesos. The evidence presented confirmed the physical act of abduction. However, the appellant argued, and the prosecution stipulated, that the accused abducted the girl for the sole purpose of marrying her in San Mateo before the justice of the peace. The accused testified that upon arriving in San Mateo, he inquired about the civil marriage procedures and was directed to the justice of the peace. He then approached the justice of the peace, who informed him that he could not perform the marriage because the girl was a minor. It was proven that the accused took the girl directly to the house of the president of San Mateo, conducted himself honorably during the journey, and returned the girl to her mother within an hour of their arrival. No acts suggesting dishonest intent on the part of the accused were demonstrated.

ISSUE:
Was the essential element of dishonest or evil intent proven in the alleged crime of abduction with the consent of the abducted party?

RULING:
No. The Supreme Court held that while the material fact of abduction was proven, there was no evidence exhibiting dishonest or evil intent on the part of the accused. The admitted purpose of the accused was to marry the girl, and his actions, including his attempt to marry her before the justice of the peace prior to her return, supported this intention. Since dishonest intent is a necessary element to constitute the crime of abduction with consent, and this element was not proven, the Court reversed the judgment of the lower court and acquitted the accused.