G.R. No. L-6624, March 20, 1911
THE UNITED STATES vs. PEDRO BANILA, RUFINO MARASIGAN, and FAUSTO BALTONADO

FACTS

On the night of June 19, 1910, in Sariaya, Tayabas, appellants Pedro Banila, Rufino Marasigan, and Fausto Baltonado, together with Benito Mañibo (who did not appeal), forcibly abducted Crisanta Tisico, a 12-year-old girl, from her home. The defendants, armed with bolos, entered the house, assaulted Crisanta’s grandmother Juana Onlayao and her brother Fortunato (whom they tied to a tree), and dragged Crisanta away while preventing her from screaming. They took her aboard a sailboat owned by Pedro Elmido, which then sailed for Lobo, Batangas. During the voyage, Pedro Banila threatened to throw Crisanta into the sea if she did not agree to marry or live as the concubine of the married Benito Mañibo. The defendants also stole Crisanta’s tampipi containing clothes and P10 in cash. Upon arrival in Lobo, the boat owner reported the abduction to authorities, leading to the defendants’ arrest. Crisanta was returned home after 17 days.

ISSUE

Whether the appellants are guilty of the crime of rapto (abduction) under Article 445 of the Penal Code.

RULING

Yes, the appellants are guilty of rapto. The crime of abduction under Article 445 requires two elements: (1) the act is committed by force or violence, and (2) it is done with unchaste designs (miras deshonestas). Both elements are present. The appellants used force and violence by assaulting Crisanta’s family, tying her brother, and dragging her from her home. Their unchaste design is evident from their threats to force her into marriage or concubinage with Benito Mañibo, a married man. The defense of consent was rejected as the testimony of Crisanta, corroborated by her family and the boat owner, was credible. The aggravating circumstances of nocturnity and commission of the crime in the victim’s dwelling were present, with no mitigating circumstances. The trial court’s sentence of reclusion temporal was affirmed, with the added order for appellants to return the stolen P10.