This case has been cited 1 times or more.
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2013-06-19 |
PERLAS-BERNABE, J. |
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| As earlier discussed, there lies no evidence to prove that Iris was restrained of her liberty during the period of her captivity from June 23 to November 9, 2003 thus, denying the element of abduction. More importantly, even if it is assumed that there was some form of abduction, it has not been shown nor even sufficiently alleged that the taking was done with lewd designs. Lust or lewd design is an element that characterizes all crimes against chastity, apart from the felonious or criminal intent of the offender. As such, the said element must be always present in order that they may be so considered as a crime of chastity in contemplation of law.[101] | |||||