People vs. Domingo (2017)

PEOPLE OF THE PHILIPPINES vs. SANDY DOMINGO

G.R. No. 225743, June 7, 2017 

BERSAMIN, J.:

Facts: An Information was filed charging appellant with the crime of Forcible Abduction with Rape in this wise: That accused, motivated by lust and with lewd designs, and by means of force, feloniously, abduct and take away one AAA, against her will, and thereafter, by means of force, violence and intimidation, with the use of a bladed weapon and actuated by lust and lewd designs, have carnal knowledge of said victim.

Appellant claimed that he and AAA eloped and went to the house of his brother-in-law. They spent the night there and agreed that they will go to her Aunt's house and get her things and will proceed to Bicol. When they reached her aunt's house, AAA went inside while he waited. After a few minutes, a man came out and chased him with a bolo which prompted him to run. At around 7:00 o'clock in the morning, he was at his sister's house when the policemen arrived and informed him that there was a complaint filed against him.

The RTC and CA convicted appellant for forcible abduction with rape.

Issue: Whether or not appellant is guilty of the complex crime of forcible abduction with rape.

Ruling: The appellant should be convicted only of rape. Under Article 342 of the RPC, the elements of forcible abduction are: (1) the taking of a woman against her will; and (2) with lewd designs. The crime of forcible abduction with rape is a complex crime that occurs when the abductor has carnal knowledge of the abducted woman under the following circumstances: (1) by using force or intimidation; (2) when the woman is deprived of reason or otherwise unconscious; and (3) when the woman is under 12 years of age or is demented.

Although the elements of forcible abduction obtained, his forcible abduction of AAA was absorbed by the rape considering that his real objective in abducting her was to commit the rape.

Ratio Decidendi: Where the main objective of the culprit for the abduction of the victim of rape was to have carnal knowledge of her, he could be convicted only of rape.

Gist: The accused appeals the affirmance by the CA of RTC’s Decision finding him guilty beyond reasonable doubt for forcible abduction with rape.