PEOPLE OF THE PHILIPPINES vs.

SANDY absorbed by the rape considering that his real

DOMINGO, GR 225743, June 7, 2017 objective in abducting her was to commit the
rape.
BERSAMIN, J.:
Ratio Decidendi: Where the main objective of
Facts: An Information was filed charging the culprit for the abduction of the victim of rape
appellant with the crime of Forcible Abduction was to have carnal knowledge of her, he could
with Rape in this wise: That accused, motivated be convicted only of rape.
by lust and with lewd designs, and by means of
force, feloniously, abduct and take away one Gist: The accused appeals the affirmance by the
AAA, against her will, and thereafter, by means CA of RTC’s Decision finding him guilty beyond
of force, violence and intimidation, with the use reasonable doubt for forcible abduction with
of a bladed weapon and actuated by lust and rape.
lewd designs, have carnal knowledge of said
victim.
Appellant claimed that he and AAA eloped and
went to the house of his brother-in-law. They
spent the night there and agreed that they will
go to her Aunt's house and get her things and will
proceed to Bicol. When they reached her aunt's
house, AAA went inside while he waited. After a
few minutes, a man came out and chased him
with a bolo which prompted him to run. At
around 7:00 o'clock in the morning, he was at his
sister's house when the policemen arrived and
informed him that there was a complaint filed
against him.
The RTC and CA convicted appellant for forcible
abduction with rape.
Issue: Whether or not appellant is guilty of the
complex crime of forcible abduction with rape.
Ruling: The appellant should be convicted only
of rape. Under Article 342 of the RPC, the
elements of forcible abduction are: (1) the taking
of a woman against her will; and (2) with lewd
designs. The crime of forcible abduction with
rape is a complex crime that occurs when the
abductor has carnal knowledge of the abducted
woman under the following circumstances: (1)
by using force or intimidation; (2) when the
woman is deprived of reason or otherwise
unconscious; and (3) when the woman is under
12 years of age or is demented.
Although the elements of forcible abduction
obtained, his forcible abduction of AAA was
Page 1 of 1 PEOPLE OF THE PHILIPPINES vs. SANDY DOMINGO, GR 225743, June 7, 2017