G.R. No. L-6729, March 26, 1912
THE UNITED STATES vs. GUILLERMO FIDELDIA

FACTS

The defendant, Guillermo Fideldia, an 18-year-old student living in his uncle’s house in Manila, induced his cousin (the daughter of the house) to accompany him without her father’s consent to the home of his own father (the woman’s uncle). She stayed there for a vacation of two to three months, during which they had illicit relations. The purpose of the visit was to carry on these relations with greater impunity than was possible in her own home. The woman was over 18 years old at the time of the alleged abduction.

ISSUE

Whether the defendant is guilty of the crime of rapto or abduction under Article 446 of the Penal Code, which penalizes the abduction of a virgin over twelve and under twenty-three years of age committed with her consent, given that the abducted woman was over 18 years old.

RULING

No. The Supreme Court reversed the conviction and acquitted the defendant. The Court held that with the change of sovereignty from Spanish to American rule, the legal status of women had been modified. Under the former Spanish law, a woman under 23 was under strict parental control and could not marry without consent. However, under the new regime (General Orders No. 68), the age at which a woman could marry without parental consent was lowered to 18. This change in civil status impliedly modified the penal provision in Article 446 of the Penal Code. Consequently, the age limit for the crime of abduction with consent under Article 446 must be aligned with the age of emancipation for marriage, which is 18. Since the woman was over 18 (specifically over 19), the defendant could not be convicted of abduction under that article. While his actions might constitute another offense like seduction, he was charged specifically with abduction, of which he is not guilty.