GR L 125; (July, 1946) (Digest)
G.R. No. L-125; July 26, 1946
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SERAFIN CASTILLO and MARCELO LUGOD, defendants-appellants.
FACTS
The appellants, Serafin Castillo and Marcelo Lugod, were convicted of forcible abduction under Article 342 of the Revised Penal Code by the Court of First Instance of Nueva Ecija. The facts established are: Serafin Castillo was a persistent but rejected suitor of Carolina Isidro. On the afternoon of March 27, 1945, Castillo and Lugod forcibly dragged Carolina from the store she was tending, placed her in a waiting carretela despite her resistance and cries for help, and ordered the driver to speed away towards Aliaga. They passed the municipal building and only stopped upon being warned by guerrillas of danger ahead. The party then proceeded to the municipal building. There, sworn statements from Carolina and Castillo were taken. When Carolina’s mother and sister arrived and asked if she accepted Castillo, Carolina vehemently refused and was taken home. During the carretela ride, Castillo forcibly embraced, kissed, and handled Carolina against her will, while Lugod was seated beside her.
ISSUE
Whether the appellants’ actions constituted forcible abduction with lewd designs, as defined under Article 342 of the Revised Penal Code.
RULING
Yes. The Supreme Court affirmed the conviction. The Court found that the taking of Carolina Isidro against her will was admitted and supported by evidence. The element of lewd design was sufficiently proven. Castillo, a spurned suitor with no hope of marriage, took the girl by force in the evening when the justice of the peace office was closed, making immediate lawful marriage impossible. His actions during the ride—forcibly embracing, kissing, and handling her—demonstrated lewd intent, which his claim of matrimonial purpose could not obfuscate. Marcelo Lugod actively participated by forcibly dragging Carolina to the carretela and remaining seated beside her during the incident, making him a direct participant in the crime. The judgment of the lower court was affirmed in all respects.