On
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 the 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 the 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