THE UNITED STATES, ET AL., plaintiffs-appellees, vs. JUAN SALUD, defendant-appellant.
G.R. No. L-3937
February 24, 1908

FACTS:
Juan Salud, a second cousin, began a romantic relationship with Maria Ona Licarte, a young woman under 23 years of age. They cohabited in various residences, including Maria’s parents’ house, Juan’s father’s house (where Maria worked as a schoolteacher), and a house in Lipa (where they pursued studies). During this period, Juan Salud repeatedly promised marriage to Maria. Seduced by these promises, Maria engaged in sexual relations with Juan several times, which resulted in her becoming pregnant and giving birth to a child named Simplicio Ona. Subsequently, Juan Salud refused to fulfill his promises of marriage, a commitment he had also made to Maria’s mother and aunt.

A complaint was filed in the Court of First Instance (CFI), which found Juan Salud guilty of estupro (seduction) under Article 443 of the Penal Code. The CFI sentenced him to four months of arresto mayor, accessory penalties, P2,000 indemnity to Maria, recognition of his offspring, and P20 monthly support for the child until majority. Juan Salud appealed this judgment.

ISSUE:
Whether Juan Salud’s unfulfilled promise of marriage to Maria Ona Licarte, a woman under 23 years of age, constitutes the “fraud” or “deceit” necessary to convict him of estupro (seduction) under Article 443 of the Penal Code.

RULING:
The Supreme Court AFFIRMED the conviction of Juan Salud for estupro, with modifications to the civil indemnities.

The Court held that the promise of marriage given by an unmarried man to an unmarried woman, which is willfully disregarded without any just cause, constitutes the “deceit” or “fraud” referred to in Article 443 of the Penal Code (equivalent to Article 458 of the Penal Code of Spain at the time). The evidence clearly showed that Maria Ona Licarte, being under 23 years of age, allowed herself to be seduced and engaged in sexual relations with Juan Salud due to his repeated promises of marriage, which he later refused to honor, resulting in her pregnancy and the birth of their child.

The Court found no aggravating or mitigating circumstances present in the commission of the crime and thus applied the penalty in its medium degree. Juan Salud was also held liable for the accessory penalties under Article 449 of the Penal Code, including the recognition and support of his child.

The Supreme Court modified the CFI’s judgment by reducing the indemnity payable to Maria Ona Licarte from P2,000 to P1,000, and the monthly allowance for the child’s subsistence from P20 to P15 until the child attains majority.