The trial court convicted him of the charge and sentenced him to suffer the penalty of reclusion perpetua with accessories of the law, to indemnify the complainant in the sum of P10,000.00 as moral damages and to pay the costs, crediting him however with the entire period of his temporary detention.Ĭomplainant Violeta Begino, a native of Cabcab, Catanduanes, was about 15 years and 10 months old on July 15, 1973, a Sunday. 'That on or about the 15th day of July, 1973, in Quezon City, Philippines, the above-named accused with lewd design, did, then and there wilfully, unlawfully and feloniously, by means of force and intimidation abduct the undersigned, by then and there forcibly dragging her into a tricycle, after which the undersigned was brought to a house located at Novaliches, this City where said accused by means of force and intimidation had carnal knowledge of the undersigned, all against the will and without the consent of the undersigned, to her damage and prejudice in such amount as may be awarded to her under the provisions of the Civil Code. In her sworn complaint, complainant Violeta Begino y Aquino accused defendant-appellant of forcible abduction with rape allegedly committed as follows: jgc: We cannot assume that her testimony on the grievous outrage perpetrated against her was a fabrication. A different holding would mean that Violeta concocted an elaborate frameup against Sison. My view is that the trial court did not err in finding that Sison is guilty of forcible abduction with rape beyond reasonable doubt.

REMEDIAL LAW EVIDENCE PROOF BEYOND REASONABLE DOUBT APPELLANT GUILTY OF FORCIBLE ABDUCTION WITH RAPE BEYOND REASONABLE DOUBT.

Hence, the appellant should be acquitted of the charge.ĪQUINO, J., dissenting: chanrob1es virtual 1aw libraryġ. People, 89 SCRA 112, Maand other cases cited). Unfortunately, the complaint as aforequoted does not allege that the offended party was a virgin, over 12 years and under 18 years of age (Barbara v.

343, R.P.C.), if the complaint included the essential elements of abduction with consent (Valdepena v.

Consequently, the only possible conclusion is that she voluntarily went with appellant on that six-day tryst with him, for which appellant could have been convicted of consented abduction as Violeta was then over 12 but under 18 years of age (Art. All the foregoing circumstances not only negate the conclusion that she was sexually assaulted by appellant against her will, but also affirm that she went willingly with the appellant and submitted to hit lewd design. REMEDIAL LAW EVIDENCE PROOF OF GUILT CIRCUM- STANCES AT CASE AT BAR MERIT ACQUITTAL OF APPELLANT FROM CHARGE OF FORCIBLE ABDUCTION WITH RAPE.

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