People v. Casten
REITERATIONFacts
The Antecedents: The appellant, Licerio Casten, Jr., was charged with abduction. Laura de Arruza, under 17 years of age, was a boarding pupil at the College of San Jose de Jaro. The appellant met Laura during the 1915 Iloilo Carnival and they became fond of each other, meeting frequently at late hours. In June 1915, the appellant persuaded Laura to have intercourse with him. They continued their illicit relations throughout the school vacation. Upon Laura's return to college, the appellant wrote to her, falsely claiming his wife knew of their relations and threatened to expose them. Fearing exposure, Laura expressed a desire to leave college. The appellant then arranged for her to leave on the night of September 21, 1915, on a steamship, but he knew the ship was undergoing repairs and could not sail. He rented a house in La Paz where they lived as husband and wife for six days until found by the chief of police. Laura believed the appellant was helping her leave the city, as evidenced by a farewell letter to her father. Procedural History: The trial court convicted the appellant of abduction with the aggravating circumstance of nocturnity, sentencing him to two years, eleven months, and eleven days of prision correccional, an endowment of P3,000 to the offended party, maintenance for any offspring, and costs. The Petition: The appellant urged that the trial court erred in finding the offended party was a virgin, in finding he induced her to abandon the college through cajoleries and promises, in convicting him of abduction with nocturnity, and in fixing the endowment at P3,000.
Issue(s)
Whether the offended party was a virgin at the time of the abduction. Whether the appellant induced the offended party to abandon the college through cajoleries and promises. Whether the aggravating circumstance of nocturnity was present. Whether the amount of endowment fixed by the trial court was excessive.
Ruling
The judgment of the trial court is affirmed, with the modification that the amount of the endowment is reduced to P1,000. The appellant is sentenced to two years, eleven months, and eleven days of prision correccional, to pay an endowment of P1,000 to the offended party, to maintain any offspring, and to pay the costs of the suit.
Ratio Decidendi
On the issue of virginity: The Court held that the offended party, Laura de Arruza, had carnal intercourse with the appellant in June 1915 and had subsequent opportunities for illicit relations. However, applying the jurisprudence from the Supreme Court of Spain (decisions of October 19, 1895, and November 25, 1896), the Court ruled that the word 'virgin' in Article 461 of the Penal Code (similar to Article 446 in this case) is not to be construed in such a material sense as to exclude the idea of the abduction of a virtuous woman of good reputation. The continuity of the illicit relations and the appellant's course of conduct were considered as one continuous act. The Court emphasized that the essence of abduction is the outrage of the family and the alarm produced by the disappearance of a member, not solely the wrong done to the woman. Therefore, the loss of virginity prior to the final act of abduction did not negate the crime. On the issue of inducement through cajoleries and promises: The Court found that the appellant clearly induced the offended party, who was under 17 years of age, to abandon the college through lying and false promises. He lied about the sailing of the steamship Hoiching and made false promises to aid her in leaving. The girl honestly believed the appellant intended to help her escape, as evidenced by her farewell letter to her father. The appellant's deception was revealed only when they arrived at the rented house in La Paz, where they lived together. This conduct established that the appellant's sole purpose was to have illicit relations with the girl. On the aggravating circumstance of nocturnity: The Court affirmed the trial court's finding that the aggravating circumstance of nocturnity was present. The record clearly showed that the defendant purposely selected the nighttime to abduct the offended girl, indicating a deliberate choice to commit the crime under the cover of darkness. On the amount of endowment: The Court found the P3,000 endowment excessive. Citing United States vs. Reyes (20 Phil. Rep., 510), where a P3,000 endowment was reduced to P1,000, the Court applied the same rule and reduced the endowment in the present case to P1,000, finding no special reasons to justify the higher amount.
Main Doctrine
The crime of abduction of a virgin with lewd designs under Article 446 of the Penal Code is committed when a person induces a girl under 17 years of age to leave her college through deceitful promises, even if she had previously lost her virginity, as the law considers the entire course of conduct and the virtuous reputation of the woman prior to the illicit relations.