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EN BANC

G.R. No. 1660  March 28, 1904

THE UNITED STATES,Complainant-Appellee, vs. GREGORIA HERRERA, ET AL.,Defendants-Appellants.

Thos. L. Hartigan for appellants.
Office of the Solicitor-General Araneta for appellee.

WILLARD, J.:

The defendants were convicted in the court below of the crime of detencion ilegal, committed on the person of a girl 17 years old named Marcelina Aralar.chanrobles virtual law library

There is no doubt that the girl frequently went out of the house in question, No. 49 Calle Arranque, Manila, both in company of the defendant Gregoria and alone, between July 7 and 18, the period of her alleged detention. She was not, therefore, during that time deprived of her liberty within the meaning of article 481 of the Penal Code.chanrobles virtual law library

This case can not be distinguished from cases heretofore decided by this court. (United States vs. Quevengco, No. 1208, August 6, 1903; 1 United States vs. Chu Cheng, No. 1112, April 2, 1903. 2) chanrobles virtual law library

The judgment is reversed and the defendants acquitted, with costs of both instances de oficio, and without prejudice to the presentation of a complaint against the defendant Gregoria for corruption of minors and a complaint against the defendant Arsenio for estupro.chanrobles virtual law library

Arellano, C. J., Torres, Cooper, Mapa, McDonough and Johnson, JJ., concur.

Endnotes:

¹ 2 Phil. Rep., 412.chanrobles virtual law library

² Not published.