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Forcible Abduction


ART.342

ELEMENTS:
1. That the person abducted is any woman, regardless of her age,
    civil status, or reputation;
2. That the abduction is against her will; and
3. That the abduction is with lewd designs.


When there is deprivation of liberty and no lewd designs, the
crime is kidnapping and serious illegal detention.

Any woman, may be married; if child under 12 years of age, crime
is forcible abduction, even if she voluntarily goes with her
abductor

Taking away must be against will of woman; may be accomplished
by means of deceit first and then by means of violence and
intimidation

Actual intercourse not necessary; lewd designs may be shown by
conduct of the accused; intent to seduce girl sufficient; lewd
designs present in hurried ceremony of marriage by force where
marriage is merely an artifice by which accused sought to
escape criminal consequences of his acts

When there are several defendants, it is enough that one of them
had lewd designs

Husband not liable for abduction of wife as lewd design is
wanting

Nature of crime: against liberty, honor and reputation, and
public order Forcible abduction v. Grave coercion v. Kidnapping
– presence of lewd design makes it forcible abduction; Kidnapping
and Serious illegal detention if there is deprivation of liberty
with no lewd design (Violent taking of woman motivated by lewd
design and victim raped - Forcible abduction with rape, instead
of Kidnapping with rape; Attempt to rape is absorbed in abduction)

Forcible Abduction v. Corruption of minors – depends on purpose;
purpose of Corruption is to lend her to illicit intercourse
with others

Forcible Abduction v. Rape: if resistance of woman to alleged
rape was not tenacious; rape may also absorb forcible abduction
if main objective was to rape the victim

Attempt to rape absorbed in element of lewd design

Conviction of Acts of Lasciviousness, not a bar to conviction of
forcible abduction


PEOPLE vs. CARAANG, GR 148424-27. 12/11/03
The complex crime of forcible abduction with Rape occurs when
there is carnal knowledge of the abducted woman under any of the
circumstances mentioned earlier when force or intimidation is
used; when the woman is deprived of reason or is otherwise
unconscious; and when the woman is under twelve years of age or
is demented. The employment of deception suffices to constitute
forcible abduction. This Court has previously ruled that if the
victim's consent was obtained through deceit and there was
therefore no valid consent, the crime is forcible abduction, as
the deceit may be considered as constructive force.
The second element, lewd design, was established by the actual
rapes.

People v. Sunpongco
The victim was abducted by the accused and was brought to a hotel
where the latter succeeded in having sexual intercourse with her.
 
   HELD: The elements of both rape and forcible abduction are
         proven. The presence of lewd designs in forcible
         abduction is manifested by the subsequent rape of the
         victim.

People v. Jose
This is the Maggie Dela Riva story wherein Maggie was abducted
and brought to a hotel, where the 4 accused took turns in
raping her.
 
   HELD: While the first act of rape was being performed, the
         crime of forcible abduction had already been consummated,
         hence, forcible abduction can only be attached to the
         first act of rape, detached from the 3 subsequent
         acts of rape.

People v. Alburo
The accused and 2 other men raped the victim. The victim was a
jeepney passenger who was prevented from leaving the jeepney.
She was taken to a remote place where she was raped.

   HELD: The accused is guilty of FORCIBLE ABDUCTION WITH RAPE.
         It was proven that the victim was taken against her
         will and with lewd design, and was subsequently forced
         to submit to the accused’s lust, rendering her
         unconscious
         in the process.

People v. Godines
The victim witnessed the killing of another by the 2 accused.
Upon seeing her, the accused dragged her to a vacant lot where
they took turns in raping her. TC convicted them of rape.

   HELD: FORCIBLE ABDUCTION is absorbed in the crime of RAPE if
         the main objective is to rape the victim.


AGE AND REPUTATION NOT NECESSARY:
1. Rape
2. Acts of lasciviousness against the will or without the consent
    of the offended party
3. Qualified seduction of sister or descendant
4. Forcible Abduction


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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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