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EN BANC

G.R. No. 2953  January 30, 1907

THE UNITED STATES,Plaintiff-Appellee, vs. MOISES PADUA,Defendant-Appellant.

Hipolito Magsalin for appellant.
Office of the Solicitor-General Araneta for appellee.

CARSON, J.:

The accused in this case was charged with rapto (abduction), as defined and penalized in article 446 of the Penal Code. No evidence was taken at the trial, but the following agreed statement of facts was submitted to the court below:

On or about the 20th of October, 1904, in the town of Candon, Province of Ilocos Sur, Moises Padua abducted, with her two consent, Juana Gallato, a damsel 16 years of age, and of good character.chanroblesvirtualawlibrary chanrobles virtual law library

He immediately took the said Juana Gallato from the town of Candon to the town of San Ildefonso, Santo Domingo, Ilocos Sur, and upon arrival there took her to the convent to beg the parish priest to marry them.chanroblesvirtualawlibrary chanrobles virtual law library

During the journey from the town of Candon to San Ildefonso, Santo Domingo, the accused, and on no occasion had carnal relations with her, this latter fact having been proven by the statement, under oath, of the said Juana Gallato.

On this statement of facts the accused was convicted of the crime with which he was charged and sentenced to one year eight months and twenty-one days' imprisonment ( prision correccional) and to the payment of the costs of the proceedings.chanroblesvirtualawlibrary chanrobles virtual law library

This court has frequently held that it is an essential element of the crime of rapto, as defined in article 446 of the Penal Code, that it be executed con miras deshonestas (for immoral purposes), and that the burden is upon the prosecution to establish this fact. (United States vs. Enrique Rodriguez, 1 Phil Rep., 107; United States. vs. Domingo Ysip, ¹ 5 Off. Gaz., 38; and United States, vs. Calixto Galves, ² August 30, 1906, 5 Off. Gaz., 93.) chanrobles virtual law library

The agreed statement of facts submitted in the trial court does not sustain an allegation that the defendant committed the act for immoral purposes, and, indeed, we are of opinion that the contrary affirmatively appears, because the abduction was evidently had solely for the purpose of marrying the abducted damsel with her own consent.chanroblesvirtualawlibrary chanrobles virtual law library

The judgment and sentence of the trial court should be reversed with the costs of both instances de oficio, and the bail bound of the defendant canceled. After expiration of ten days let judgment be entered in accordance herewith and ten days thereafter the record remanded to the court from whence it came for proper action. So ordered.chanroblesvirtualawlibrary chanrobles virtual law library

Arellano, C.J., Torres, Mapa, Willard and Tracey, JJ., concur.

¹ 6 Phil. Rep., 26.chanroblesvirtualawlibrary chanrobles virtual law library

² Not reported.