G.R. No. L-7150, October 16, 1912
THE UNITED STATES, plaintiff-appellee, vs. JACINTO BORROMEO, ET AL., defendants-appellants.

FACTS

On the night of September 10, 1910, in Manila, Jacinto Borromeo, enamored with 14-year-old Severina Gamboa, conspired with Raymundo Ramos, Jose Buenaventura, and Generoso and Marcelino Polintan. They rented an automobile and two calesas and went to a dance hall in Pasig where Severina and her mother worked. After the hall closed, they offered the women a ride, which was refused. The women then took a streetcar to Manila and, upon finding no onward transport to Pasay, hired a calesaunaware it was part of the group’s hired vehicles. The calesa driver, under instructions, followed the appellants’ automobile to a lonely spot on Calle Vito Cruz. There, the appellants forcibly seized Severina from the calesa and placed her in the automobile, while restraining her mother, who was thrown into a ditch. Severina was taken to Ramos’s house in Balic-Balic, where Borromeo had carnal relations with her multiple times. The next day, after some appellants were arrested, Borromeo attempted to marry Severina to legitimize his acts, but the marriage did not proceed. Severina was later rescued by police.

ISSUE

1. Whether the appellants are guilty of the crime of rapto (forcible abduction with unchaste designs).
2. Whether the penalty imposed by the trial court is cruel and unusual, violating constitutional prohibitions.

RULING

1. Yes, the appellants are guilty of rapto. The elements of forcible abductiontaking a woman against her will by means of force, violence, or intimidation, with unchaste designsare present. The appellants used a scheme to isolate Severina, employed physical force to abduct her, and Borromeo’s subsequent acts confirmed the unchaste intent. The crime was aggravated by nocturnity.
2. No, the penalty is not cruel and unusual. The penalty prescribed by law (long-term imprisonment) is necessary to achieve the objectives of criminal law: prevention and deterrence. The crime involves severe and lasting trauma to the victim, justifying severe penalties. The Court affirmed the penalties but modified Generoso Polintan’s sentence from 20 years to 17 years and 4 months of reclusion temporal, as he was less culpable than Borromeo. The judgments were affirmed with this modification.