G.R. No. 892 : March 14, 1905
THE UNITED STATES, complainant-appellee, vs. JUAN LUNA, defendant-appellant.

FACTS:
On the morning of February 14, 1902, Juan Luna attempted to take a 12-year-old girl from the doorway of her house on Calle Azcarraga, Tondo. He caught her around the waist and tried to force her into a waiting carromata. The attempt failed due to the child’s resistance and the timely intervention of a policeman who responded to her cries. It was further established that on the night prior, Luna had also attempted to throw the same girl to the ground in her kitchen, which was thwarted by the arrival of her aunt. He was charged with the crime of attempted abduction with unchaste designs.

ISSUE:
Whether the acts committed by Juan Luna constitute the crime of attempted abduction.

RULING:
Yes. The Supreme Court affirmed the judgment of the lower court, finding Juan Luna guilty of attempted abduction. The Court held that Luna performed all acts directly leading to the execution of the crime, and its non-consummation was due to causes independent of his will (the victim’s resistance and third-party intervention), not his voluntary desistance. The unchaste design was corroborated by the previous night’s attempt. Considering the absence of aggravating circumstances and the presence of the special extenuating circumstance under Article 11 of the Penal Code, the penalty was imposed in its minimum degree. Juan Luna was sentenced to one year, eight months, and twenty days of prision correccional, with the corresponding accessories and costs.