EN BANC
[G.R. No. 40905. August 30, 1934. ]
THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. ANDRES SANTOS, Defendant-Appellant.
Ambrosio Santos for Appellant.
Acting Solicitor-General Peña for Appellee.
SYLLABUS
1. CRIMINAL PRACTICE AND PROCEDURE; JURISDICTION; CONVICTION FOR ABDUCTION UNDER A COMPLAINT FOR RAPE. — The filing of the complaint for rape against the defendant in the justice of the peace court did not confer any jurisdiction upon the court to try and sentence the appellant for abduction.
2. ID.; ID.; ID. — There being nothing in the complaint for rape filed in this case from which it may be deduced that abduction was also charged the lower court had no jurisdiction to try and sentence the appellant for the crime of abduction with consent. The offense committed was correctly found by the lower court to be abduction with consent.
3. ID.; ID.; ID.; JEOPARDY. — The decision of the lower court, finding the appellant guilty of abduction with consent, is set aside and the case is dismissed, with the costs de oficio, without prejudice to the filing by the offended party or her mother of a complaint for abduction with consent, because the appellant has not been placed in jeopardy for that offense on a valid complaint.
2. ID.; ID.; ID. — There being nothing in the complaint for rape filed in this case from which it may be deduced that abduction was also charged the lower court had no jurisdiction to try and sentence the appellant for the crime of abduction with consent. The offense committed was correctly found by the lower court to be abduction with consent.
3. ID.; ID.; ID.; JEOPARDY. — The decision of the lower court, finding the appellant guilty of abduction with consent, is set aside and the case is dismissed, with the costs de oficio, without prejudice to the filing by the offended party or her mother of a complaint for abduction with consent, because the appellant has not been placed in jeopardy for that offense on a valid complaint.
D E C I S I O N
VICKERS, J.:
The appellant was charged in the justice of the peace court of Gapan, Nueva Ecija, with the crime of rape upon the person of Rosa Liwanag, a girl about thirteen years old. The complaint was subscribed and sworn to by Maria Calma, the mother of the offended girl. After making the corresponding preliminary investigation, the justice of the peace forwarded the case to the Court of First Instance, where the provincial fiscal filed an information charging the appellant with rape through forcible abduction, committed as follows:jgc:chanrobles.com.ph
"That on or about the 13th day of August, 1932, in the municipality of Gapan, Province of Nueva Ecija, Philippine Islands, and within the jurisdiction of this court, the abovenamed accused Andres Santos did by means of force and intimidation and with lewd designs take Rosa Liwanag against her will, a virgin of good reputation, from the control of her parents, and did, by means of force and intimidation and with intent to have sexual intercourse, voluntarily, maliciously, illegally and criminally embrace, kiss and drag down on the floor said Rosa Liwanag, put himself on her top and introduce his penis into her genital organ against her will."cralaw virtua1aw library
When he was arraigned, the appellant pleaded not guilty.
After reviewing the evidence, the trial judge said:jgc:chanrobles.com.ph
"No obstante lo que antecede, el Juzgado no esta del todo convencido de que sin su consentimiento Rosa Liwanag fue llevada en automovil por el acusado a la casa de Benita Perez. Es posible que al principio el acusado haya tenido que valerse de fuerza y amenaza para conseguir llevarla en automovil a la casa de Benita Perez. Pero, si ella en todo tiempo jamas consintio,
"That on or about the 13th day of August, 1932, in the municipality of Gapan, Province of Nueva Ecija, Philippine Islands, and within the jurisdiction of this court, the abovenamed accused Andres Santos did by means of force and intimidation and with lewd designs take Rosa Liwanag against her will, a virgin of good reputation, from the control of her parents, and did, by means of force and intimidation and with intent to have sexual intercourse, voluntarily, maliciously, illegally and criminally embrace, kiss and drag down on the floor said Rosa Liwanag, put himself on her top and introduce his penis into her genital organ against her will."cralaw virtua1aw library
When he was arraigned, the appellant pleaded not guilty.
After reviewing the evidence, the trial judge said:jgc:chanrobles.com.ph
"No obstante lo que antecede, el Juzgado no esta del todo convencido de que sin su consentimiento Rosa Liwanag fue llevada en automovil por el acusado a la casa de Benita Perez. Es posible que al principio el acusado haya tenido que valerse de fuerza y amenaza para conseguir llevarla en automovil a la casa de Benita Perez. Pero, si ella en todo tiempo jamas consintio,
