People v. Rabadan
REITERATIONFacts
The Antecedents: Damiana Baillo, a married seamstress, was on vacation and hired Cristobal Olaybar to drive her and her sewing machine back to her employer's shop. Olaybar picked her up, but later picked up Lazaro Rabadan. Olaybar disregarded Baillo's request to go directly to her destination and instead drove towards an uninhabited place. Upon arrival, Olaybar left Baillo with Rabadan, who then exposed himself, embraced her, touched her breasts, and attempted sexual intercourse. Baillo struggled, escaped the car, and resisted Rabadan's pursuit by clinging to a fence post. She managed to kick Rabadan, causing him to desist. Olaybar reappeared, and they all returned to Cagayan, with Baillo standing on the running board. Procedural History: The Court of First Instance of Misamis found both defendants guilty of abduction with attempted rape and sentenced each to twelve years and one day of reclusion temporal. The Petition: The defendants appealed the judgment.
Issue(s)
Whether the defendants can be convicted of abduction in addition to attempted rape. Whether the actions of the defendants constitute attempted rape.
Ruling
The judgment of the Court of First Instance is modified. Both defendants are found guilty as principals of the crime of attempted rape only. Each is sentenced to suffer six years of prision correccional, with accessory penalties, and to pay one-half of the costs of both instances.
Ratio Decidendi
On the issue of abduction: The Court held that the defendants could not be convicted of abduction. The offended party left her home voluntarily. While the defendants temporarily carried her beyond her destination against her will, this act was considered merely a part of the preparation for the attempted rape and not for the purpose of abduction as defined by law, which requires the intent to marry the woman or to corrupt her. The evidence did not establish these specific intents for abduction. On the issue of attempted rape: The Court found sufficient evidence to establish the guilt of both defendants for attempted rape. Rabadan's actions, including exposing himself, embracing the offended party, touching her breasts, and endeavoring to have sexual intercourse, clearly demonstrated the intent to commit rape. Olaybar's cooperation was essential, as he facilitated the commission of the crime by driving them to an isolated place and leaving them together, without which the offense would not have been accomplished. Therefore, Olaybar was held guilty as a principal for his cooperation.
Main Doctrine
Where the primary intent and actions of the accused constitute attempted rape, and any act of taking the offended party beyond her destination is merely preparatory to the attempted rape and not for the purpose of abduction as defined by law, the conviction should be for attempted rape only.