GR 40905; (August, 1934) (Digest)
G.R. No. 40905 ; August 30, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ANDRES SANTOS, defendant-appellant.
FACTS
The defendant-appellant, Andres Santos, was charged in the justice of the peace court with the crime of rape upon Rosa Liwanag, a girl about thirteen years old, based on a complaint subscribed by her mother, Maria Calma. After preliminary investigation, the provincial fiscal filed an information in the Court of First Instance charging Santos with the complex crime of rape through forcible abduction. The trial court, however, found the evidence insufficient to prove rape or forcible abduction. Instead, it convicted Santos of the lesser offense of abduction with consent, sentencing him to prision correccional. Santos appealed, assigning errors primarily concerning the credibility of witnesses and the sufficiency of evidence.
ISSUE
Whether the trial court had jurisdiction to convict the appellant of abduction with consent based on the original complaint for rape filed by the offended party’s mother.
RULING
No. The Supreme Court set aside the conviction and dismissed the case. The Court held that under Article 344, paragraph 3 of the Revised Penal Code, the offenses of seduction, abduction, rape, or acts of lasciviousness cannot be prosecuted except upon a complaint filed by the offended party or her parents. The original complaint filed by the mother specifically charged only rape. There were no allegations from which abduction could be deduced. Therefore, the trial court lacked jurisdiction to try and sentence the appellant for abduction with consent, as that offense was not included in the valid complaint. The Court also agreed with the trial judge’s assessment that the evidence pointed to abduction with consent, not rape, but emphasized that a new, valid complaint for that specific offense would be necessary for prosecution. The dismissal was without prejudice to the filing of such a complaint.
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