People v. Basilio
REITERATIONFacts
The Antecedents: On April 3, 1906, at approximately 6 p.m., in the house of Casimiro Macapagal in San Fernando, Pampanga, the accused, Fausto Basilio, seized Marcelina Dy-Oco by the waist, caught her breast, and kissed her. He attempted to drag her towards a small room, refusing to release her despite the efforts of other women present. The commotion led to neighbors intervening and forcing the accused to release the offended party. Procedural History: Fausto Basilio was charged with abuses against chastity before the Court of First Instance of Pampanga. The trial court found him guilty and sentenced him accordingly. The Petition: The accused appealed the decision of the trial court.
Issue(s)
Whether the acts committed by the accused constitute the crime of abuses against chastity or attempted rape. Whether the accused employed force in the commission of the offense.
Ruling
The judgment appealed from is affirmed. Fausto Basilio is sentenced to three years and seven months of prision correccional, with accessory penalties, and to pay the costs.
Ratio Decidendi
On the issue of whether the acts constitute abuses against chastity or attempted rape: The Court held that the external acts committed against the offended party, as witnessed by those present, were not characteristic of attempted rape or an intent to commit such an offense. Instead, these acts constituted the offense of abuses against chastity, which are contrary to good morals. The Court distinguished this from attempted rape by noting the absence of a constant intent toward the commission of rape and the nature of the acts themselves, which, while violating a right, did not necessarily indicate the specific intent required for attempted rape. On the issue of whether force was employed: The Court found that the appellant employed force in carrying out the acts. The facts stated that the accused suddenly placed himself behind Marcelina, seized her by the waist, caught her breast, and kissed her, trying to drag her toward a small room. The offended party's efforts to free herself and the intervention of other women to release her from the assailant's hold clearly indicate the use of force. The Court cited the Supreme Court of Spain's ruling that the forcible placement of a hand between the legs of a woman constitutes abuses against chastity, and when committed with force, it can be classified under article 454 of the Penal Code, which was properly applied by the trial court.
Main Doctrine
The act of forcibly seizing a woman by the waist, catching her breast, and kissing her, with an attempt to drag her towards a room, constitutes the crime of abuses against chastity, not attempted rape, especially when force is employed.