G.R. No. L-6758, November 27, 1911
THE UNITED STATES, plaintiff-appellee, vs. FRANCISCO REYES, defendant-appellant.

FACTS

On the evening of June 26, 1910, Lorenza Cornejo, an unmarried girl about 15 years old, left her home in Pasay, Rizal, to return borrowed flags. She was met by Francisco Reyes, who had been courting her with promises of marriage and had arranged for them to go to Manila to marry. Following Reyes’ instructions to avoid being seen together, she went ahead to the streetcar station, where he joined her. They traveled together to Manila and lived conjugally at the house of Jose Torno on Calle Cervantes for over fifteen days. During this time, Reyes had carnal intercourse with Cornejo about ten times. When Cornejo demanded that Reyes fulfill his marriage promise, he gave excuses. She later discovered from her mother that Reyes was already married, leading her to report the matter. Cornejo’s mother, with a policeman, found them together in the house on July 20, 1910. Reyes was charged with abduction.

ISSUE

Whether Francisco Reyes is guilty of the crime of abduction with unchaste designs under Article 446 of the Penal Code, considering that the girl consented and was not taken by force from her home.

RULING

Yes. The Supreme Court affirmed the conviction but modified the penalty. The crime of abduction with unchaste designs under Article 446 of the Penal Code is consummated when a girl over 12 and under 23 years of age, through cajolery or deceit, leaves her home or the custody of her parents with the abductor’s inducement and with unchaste designs. Force is not an essential element; it is sufficient that the girl removed herself from parental custody due to the abductor’s inducement and false promises. Here, Reyes seduced Cornejo with a false promise of marriage (knowing he was already married) and took her away to live with him unchastely. The crime is complete upon the girl’s departure from her home under these circumstances, regardless of the specific place of abduction. The Court reduced the penalty to one year, eight months, and twenty-one days of prision correccional, with accessories, and an indemnity of P1,000 to Cornejo.