GR 41532; (August, 1934) (Digest)
G.R. No. 41532 ; August 29, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. MARIANO FORMENTO, ET AL., defendants. MARIANO FORMENTO, appellant.
FACTS
Mariano Formento was convicted by the trial court of forcible abduction with rape of the 13-year-old Buena Aviles. The complaint was filed by Pia Aviles, who swore she was the aunt and guardian of the minor. Formento appealed, arguing that the complaint was not filed by the proper party under Article 344 of the Revised Penal Code, that the elements of abduction with rape were not proven, and that his conviction was erroneous. The evidence showed that Formento, a married man, took Buena Aviles from Unisan to distant locations, had carnal intercourse with her during the journey, and later attempted to fabricate a defense that she had left voluntarily to join another youth.
ISSUE
1. Whether the complaint was validly instituted by the proper party under Article 344 of the Revised Penal Code.
2. Whether the elements of abduction with rape were sufficiently proven.
RULING
1. Yes. The sworn complaint by Pia Aviles, stating she was the guardian of the minor victim, was sufficient to confer jurisdiction. Article 344 does not prescribe a special form or require documentary proof, such as a judicial appointment, to establish the guardian-ward relationship. Her uncontested sworn assertion constituted sufficient evidence of her status as guardian.
2. No, the crime was not forcible abduction with rape, but consensual abduction (rapto) with rape. The evidence established that the minor consented to the abduction, but Formento had carnal knowledge of her during the journey. Therefore, the crime committed was rapto (consensual abduction) under Article 342 of the Revised Penal Code, qualified by rape. The penalty was modified accordingly.
The Supreme Court modified the trial court’s judgment, sentencing Formento to an indeterminate penalty of prision correccional, increasing the indemnity to the victim, and ordering support for any offspring.
AI Generated by Armztrong.