G.R. No. L-9874; March 13, 1915
THE UNITED STATES, plaintiff-appellee, vs. CARLOS GARCIA, defendant-appellant.

FACTS:
The defendant, Carlos Garcia, was convicted in the trial court of the crime of rapto (abduction) as defined under Article 461 of the Penal Code. The charge stemmed from his actions involving a virgin over 12 but under 21 years of age, who allegedly left with her own consent for immoral purposes.

ISSUE:
Whether the facts proven constitute the crime of rapto (abduction) or some other offense.

RULING:
The Supreme Court REVERSED the judgment of conviction and ACQUITTED the defendant of the crime of rapto.

The Court, applying the doctrine established by the Supreme Court of Spain, held that an essential element of the crime of rapto is the removal of the virgin from her legal domicile or place of stay with the intention of concealing her residence and with such character of permanence that it prevents the free and easy exercise of authority and vigilance by her guardians. Mere departure for the purpose of an interview and carnal intercourse, without the intent to abandon the domicile or remove her indefinitely from parental authority, does not constitute rapto.

The evidence in this case failed to establish this essential condition. While the defendant’s actions might have constituted the crime of estupro (seduction), the facts did not meet the specific requisites for rapto. Consequently, the conviction for rapto could not be sustained.

The costs of both instances were declared de oficio.