This case has been cited 1 times or more.
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2002-05-28 |
BELLOSILLO, J. |
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| Both the civil and the common law authorities agree in the conclusion that the crime of abduction is one sumamente grave y odioso (highly serious and detestable). The penal law regarding abduction, says the supreme court of Spain, was intended to punish the offense against public morality and the insult to the family of the abducted girl. (Decisions of the supreme court of Spain of November 30, 1876; June 19, 1891; and June 15, 1895; U. S. vs. Bernabe [1912], 23 Phil., 154.) The abduction statutes, say the American authorities, were intended for the preservation of the peace of the home and the virtue of inexperienced females, and to save the members of the family from sorrow and disgrace. (People vs. Fowler [1891], 88 Cal., 136; State vs. Overstreet [1890], 43 Kan., 299; People vs. Bristol [1871], 23 Mich., 118; State vs. Chisenhall [1890], 106 N. C., 676; Rex vs. Pigot, 12 Modern 516, 88 Reprint, 1488.) The three elements in the crime punished by article 445 of the Penal Code are: (1) That the person abducted be a woman; (2) that the abduction must have been against the will of the woman; and (3) that the abduction must have been for lewd or unchaste designs. (5 Viada, Codigo Penal, 143; U. S. vs. Borromeo [1912], 23 Phil., 279)[74] (underscoring supplied). Verily the single sexual abuse of Lenie although accused-appellant had other opportunities to do so was itself the external manifestation of his lewd design, and hence he could not be punished for it either separately or as part of a complex crime. The overt acts in the case at bar are clearly unlike the actus reus in a complex crime of forcible abduction with rape where the preparatory sexual advances upon the victim constitute the lewd designs which consummate the forcible abduction with the ensuing rape transpiring as another crime (although rape is itself the grossest manifestation of lewd designs) that may no longer be absorbed in but must be complexed with forcible abduction. As further illustrated by Prof. Luis B. Reyes | |||||