EN BANC
[G.R. No. 1482. February 29, 1904. ]
THE UNITED STATES, Complainant-Appellee, v. ANTONIO FERNANDEZ, Defendant-Appellant.
Antonio Fernandez, on his own behalf.
Solicitor-General Araneta, for Appellee.
SYLLABUS
1. CRIMINAL LAW; RAPE; AGGRAVATING CIRCUMSTANCES; ABUSE OF OFFICE. — The fact that the defendant, found guilty of the crime of rape, was a sergeant of the Constabulary force and availed himself of an opportunity afforded him by his position as such to commit the crime should be considered in aggravation of the penalty.
The defendant, who is a member of the Constabulary, went to the house of the father of the complaining witness, together with some other members of the corps, for the purpose of searching the house for firearms. No arms were found. His men having gone into a barn near by, the defendant was left alone in the house with complaining witness, a girl of 16. The defendant then told her that unless she would submit to him he would kill her and by threatening her with his revolver intimidated her to the point of permitting him to have sexual intercourse with her. The trial court found the defendant guilty of rape and imposed upon him the maximum penalty of seventeen years four months and one day of reclusion temporal. Against this the defendant appealed.
The defendant, who is a member of the Constabulary, went to the house of the father of the complaining witness, together with some other members of the corps, for the purpose of searching the house for firearms. No arms were found. His men having gone into a barn near by, the defendant was left alone in the house with complaining witness, a girl of 16. The defendant then told her that unless she would submit to him he would kill her and by threatening her with his revolver intimidated her to the point of permitting him to have sexual intercourse with her. The trial court found the defendant guilty of rape and imposed upon him the maximum penalty of seventeen years four months and one day of reclusion temporal. Against this the defendant appealed.
D E C I S I O N
MAPA, J.:
The guilt of the defendant of the crime of rape with which he is charged is fully established by the proof. The crime was committed with the aggravating circumstance that the accused availed himself of his position as sergeant of the Constabulary forces to commit the crime, and the further circumstance of its commission in the dwelling of the complaining witness. Consequently the penalty of seventeen years four months and one day of reclusion temporal imposed on the defendant by the trial judge is in accordance with law and should therefore be affirmed.
The court below also condemned the defendant to the payment of the sum of 500 pesos to the father of the complaining witness. There is no authority of law for this, and consequently the decision can not in this respect be sustained. In lien thereof the defendant should be obliged to endow the complaining witness, who it appears is unmarried, in the sum of 500 Philippine pesos, and to acknowledge and support the offspring, should there be any, in accordance with the provision of article 449 of the Penal Code.
With this modification we affirm the judgment of the court below, with the costs of this instance against the defendant.
Arellano, C.J., Torres, Cooper and McDonough, JJ., concur.
Willard and Johnson, JJ., dissent.
The court below also condemned the defendant to the payment of the sum of 500 pesos to the father of the complaining witness. There is no authority of law for this, and consequently the decision can not in this respect be sustained. In lien thereof the defendant should be obliged to endow the complaining witness, who it appears is unmarried, in the sum of 500 Philippine pesos, and to acknowledge and support the offspring, should there be any, in accordance with the provision of article 449 of the Penal Code.
With this modification we affirm the judgment of the court below, with the costs of this instance against the defendant.
Arellano, C.J., Torres, Cooper and McDonough, JJ., concur.
Willard and Johnson, JJ., dissent.
