G.R. No. 881 : August 30, 1902
THE UNITED STATES, complainant-appellee, vs. PEDRO ALVAREZ, defendant-appellant.

FACTS:
On December 27, 1901, Maria Esperanza Evangelista, a 21-year-old unmarried woman, left her parents’ house without their knowledge and went to the house of the defendant, Pedro Alvarez, in the same pueblo, where she remained with him for ten days. Alvarez, though married but living apart from his wife, had represented himself to Maria as a widower and had promised to marry her. Their intimate relationship had existed for several months prior to the elopement. The trial court found that Maria was induced to leave her home due to the persuasions and deceit of Alvarez, who received and concealed her in his house with an immoral purpose. Alvarez was convicted under Article 446 of the Penal Code for the abduction (rapto) of a virgin over 12 and under 23 years of age, effected with her consent.

ISSUE:
1. Whether the crime of rapto with consent under Article 446 of the Penal Code requires a physical taking of the woman from her home.
2. Whether the virginity of the woman at the time of the rapto was sufficiently established.

RULING:
1. On the element of taking: The Court held that for rapto with consent, a physical taking is not essential. The offense is one of seduction, where the woman abandons her home due to the allurements, promises, or artifices of the seducer. The essence of the crime is the outrage to the family and the alarm caused by the disappearance of a member, not the wrong done to the woman. Citing Spanish jurisprudence, the Court ruled it is sufficient that the woman abandoned her parental home and withdrew from parental vigilance due to the seducer’s inducements.

2. On the proof of virginity: The Court found that virginity was sufficiently established. While under the old Spanish system, being unmarried alone did not create a legal presumption of virginity, the Court noted that under the new Code of Civil Procedure (Section 334[1]), such a presumption de jure arises for unmarried women. Regardless, the evidencethat Maria was unmarried, lived with her parents, and led a life consistent with chastitywas deemed sufficient to infer virginity in the absence of contrary proof.

The trial court erred in applying the penalty in its minimum degree and in setting the dowry too high. With no aggravating or extenuating circumstances, the penalty should be in its medium degree. The Supreme Court modified the judgment: Alvarez is sentenced to one year, eight months, and twenty-one days of prision correccional, and to endow Maria with 500 pesos, Mexican currency. The judgment was affirmed with these modifications.