G.R. No. 3620 (March 25 1907)

Facts
– Catalino de la Cruz and his brother Joaquin, with eight accomplices, entered two adjoining houses in the barrio of Santol, Malolos.
– They tied up men in one house, then went to the adjoining house, claiming the occupants were police.
– Catalino, accompanied by one accomplice, forcibly seized Eulalia de los Santos, dragged her downstairs and carried her about 25 brazas from the house before neighbors intervened.
– The accused had previously sought to marry Eulalia, who had rejected him a month earlier and was pledged to another.
– The trial court convicted them of frustrated abduction under Art. 445, Penal Code, imposing imprisonment and damages.

Issue
1. Whether the conduct constitutes frustrated abduction or merely an attempt at abduction.
2. Whether the defendants’ alibi testimony overcomes the positive identification by three eyewitnesses.

Ruling
– The Supreme Court held that the facts amount to frustrated abduction, not merely an attempted crime, applying the prevailing criterion that the victim was actually carried away, albeit for a short distance, satisfying the “frustrated” element under Art. 445.
– The alibi offered by the accused was rejected; the three eyewitness identifications were deemed credible and conclusive.
– The judgment of the lower court was reversed in form, and the accused were sentenced to five (5) years’ imprisonment (prisión correccional) with accessory penalties under Art. 61 of the Penal Code, ordered to pay ₱200 in civil indemnity to Eulalia de los Santos, with subsidiary imprisonment of up to one (1) year upon insolvency, and to bear the costs of both instances.