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HELD: Under Article 338 of the Revised Penal Code, to Act punishable: The promotion or facilitation of the
constitute seduction, there must in all cases be some prostitution or corruption of persons under age
deceitful promise or inducement. The woman should have
(minors), to satisfy the lust of ANOTHER
yielded because of this promise or inducement. In this
case, the appellant claims that the acts of sexual
intercourse with the private complainants were in Who are liable: Any person. If the culprit is a public
exchange for money. He declared that, prior to every officer or employee, including those in GOCCs, there
sexual intercourse with Liza and Anna, he would promise is an additional penalty of temporary absolute
them P20. However, aside from his bare testimony, the disqualification
appellant presented no proof that private complainants'
consent was secured by means of such promise. As aptly
opined by the trial court, the money given by the appellant It is not necessary that the
to private complainants was not intended to lure them to unchaste acts shall have been done on the
have sex with him. Rather, it was for the purpose of buying minor. What the law punishes is the act of a
their silence to ensure that nobody discovered his dastardly pimp who facilitates the corruption of minors,
acts. The evidence for the prosecution was more than NOT the performance of unchaste acts upon the
enough to show that the element of voluntariness on the
minor.
part of private complainants was totally absent. Liza and
Anna's respective testimonies established that the A mere proposal will consummate
appellant had sexual intercourse with them without their the offense.
consent and against their will. When the victim is under 12 years,
the penalty is one degree higher
Jurisprudence reveals that if the complaint in a case which People vs. Godines
cannot be prosecuted de oficio is forwarded to the trial
court as part of the records of the preliminary investigation Ancajas witnessed the killing of Vilaksi by the 2 accused.
of the case, the court can take judicial notice of the same The accused, upon seeing her with her baby, dragged her
without the necessity of its formal introduction as evidence to a vacant lot where they took turns in raping her. Trial
for the prosecution. The records of the case forwarded to court convicted them of the crime of rape.
the CFI include the complaint filed by Juanita in the
municipal court of Guiguinto which conducted the HELD: TC correctly held that forcible abduction is
preliminary investigation. Subject complaint was also absorbed in the crime of rape if the main objective of the
marked as an exhibit. accused is to rape the victim.
This is the Maggie DeLa Riva story (wherein Maggie was People v. Ablaneda (2001)
abducted and brought to the Swanky Hotel, where the four FACTS: On February 18, 1993, at around 7:00
accused each took turns in raping her) o'clock in the morning, six-year old Magdalena Salas
was walking to school. Along the way, Jaime Ablaneda
HELD: While the first act of rape was being performed, the approached her and asked if he could share her
crime of forcible abduction had already been umbrella, since it was raining. He then boarded a
consummated, so that each of the three succeeding crimes trimobile with Magdalena and brought her to a small
of the same nature cannot legally be considered as still hut. While inside, Ablaneda removed his underwear and
connected with the abduction. In other words, they should the child's panties. He applied cooking oil, which he
be detached from, and considered independently of, that had bought earlier, on his organ and on Magdalena's.
of forcible abduction, and therefore, the former can no Then, he proceeded to have sexual intercourse with
longer be complexed with the latter. the little girl.
When Magdalena arrived at their house,
As regards therefore, the complex crime of forcible Ailene Villaflores, her uncle's sister-in-law, noticed that
abduction with rape, the first of the crimes committed, the she looked pale and weak, and found traces of blood on
latter is definitely the more serious crime. Hence, her dress. Magdalena confessed that she was raped by a
pursuant to Article 48, the penalty prescribed shall be man who had a scar on the stomach. Dr. Nilda Baylon,
imposed in the maximum period. Consequently, the the Medico-Legal Officer who examined Magdalena,
accused should suffer the extreme penalty of death. No found that the latter's hymen was completely
need to consider aggravating circumstances for the same lacerated, thus confirming that she had indeed been
would not alter the nature of the penalty imposed. raped.
Ablaneda was charged before the RTC, with
the complex crime of Forcible Abduction with Rape. He
People vs. Alburo was found guilty.
1. ascendants
2. guardians
3. curators
4. teachers
5. any other person, who cooperates as
accomplice with abuse of confidence or
confidential relationship