GR L 3586; (August, 1907) (Digest)
G.R. No. L‑3586
Facts: On the night of 9 October 1905, Higino Velasquez, together with three armed men, abducted 14‑year‑old Lucas San Mateo from his father’s house in Santo Niño, Aliaga, Nueva Ecija, and detained him in a forest for three days. The victim escaped when the captors slept and reported the incident to the local Justice of the Peace. The trial court found Velasquez and his companions guilty of illegal detention under Art. 481(1), Penal Code, and sentenced Velasquez to ten years and one day of imprisonment, accessory penalties, and costs. Velasquez appealed, contending lack of proof and invoking his mistress’s (the victim’s sister) testimony that both he and she had been detained earlier that night.
Issue: Whether the conviction and sentence of Higino Velasquez for illegal detention under Art. 481(1) of the Penal Code are supported by the evidence, and whether any mitigating circumstances apply.
Ruling: The Supreme Court held that the prosecution evidenceparticularly eyewitness identification, the presence of a bolo, and the victim’s testimonyclearly proved Velasquez’s participation in the abduction and detention. The appellant’s defenses were unsupported and the alleged mitigating circumstances were dismissed. The aggravating circumstances of nocturnity, forcible taking from home, and the appellant’s prior similar conviction warranted the maximum penalty under Art. 481(1). Accordingly, the trial court’s judgment was affirmed, with the imposed sentence and costs sustained.
