People v. Garcia

PEOPLE V.
GARCIA
FEBRUARY 28, 2002
GR NO. 141125
378 SCRA 266
Per Curiam
RELEVANT LAWS: ART. 48 Penalty for complex crime- When a single

act constitutes two or more grave or less grave felonies, or when an
offense is a necessary means for committing the other, the penalty for
the most serious crime shall be imposed, the same to be applied in its
maximum period.
Art. 342. Forcible abduction. — The abduction of any woman
against her will and with lewd designs shall be punished by
reclusion temporal.
The same penalty shall be imposed in every case, if the female
abducted be under twelve years of age.
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FACTS: On July 14, 1998, the victim Cleopatra Changlapon, 19 years
old left school at 6:30 pm to go home to km 3, La Trinidad Benguet. As
she was crossing Bonifacio street, a white van suddenly stopped in
front of her, the rear doors slid open and she was pulled inside. Inside
the van one of the perpetrators sprayed some mist on her face causing
her to lose her consciousness. She was brought in Tam-Awan village
Baguio City, she woke up naked inside the room together with the four
abductors. While one of them mounted her, the other three held her
arms and legs. They also burned her face and extremities with lighted
cigarettes to stop her from warding off her aggressor. The four
molesters succeeded in having sexual intercourse with her. After they
finished, they again sprayed something on her face and she was left
lying on the roadside somewhere in between Tam-Awan and Longlong.
She was crying when she boarded the taxi on her way home. The next
day she went to the police station and was examined by the medico-
legal which confirmed the existence of burns found on her face, chest,
thighs and the contusions found on her body were said to be caused by
a blunt instrument like a closed fist. The findings on her genitals
namely the gaping labia majora, the congested and abraded labia
minora, and the lacerations all suggest the entry of a foreign object,
such as a fully erect male organ and the presence of spermatozoa
inside her cervix further confirms that the complainant recently had
sexual intercourse.
ISSUE: Whether there is a complex crime of Forcible Abduction with

Rape
HELD: The trial court, therefore, did not err in convicting accused-
appellant of the complex crime of forcible abduction with rape. The
two elements of forcible abduction, as defined in Article 342 of the
Revised Penal Code, 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 there is carnal knowledge with 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 twelve years of age or
is demented.
In the case at bar, the information sufficiently alleged the elements of

forcible abduction, i.e., the taking of complainant against her against
her will and with lewd design. It was likewise alleged that accused-
appellant and his three co-accused conspired, confederated and
mutually aided one another in having carnal knowledge of complainant
by means of force and intimidation and against her will.
Aside from alleging the necessary elements of the crimes, the

prosecution convincingly established that the carnal knowledge was
committed through force and intimidation. Moreover, the prosecution
sufficiently proved beyond reasonable doubt that accused-appellant
succeeded in forcibly abducting the complainant with lewd designs,
established by the actual rape. Hence, accused-appellant is guilty of
the complex crime of forcible abduction with rape.
However, as correctly held by the trial court, there can only be one
complex crime of forcible abduction with rape. The crime of forcible
abduction was only necessary for the first rape. Thus, the subsequent
acts of rape can no longer be considered as separate complex crimes
of forcible abduction with rape. They should be detached from and
considered independently of the forcible abduction. Therefore,
accused-appellant should be convicted of one complex crime of
forcible abduction with rape and three separate acts of rape.
The penalty for complex crimes is the penalty for the most serious
crime which shall be imposed in its maximum period. Rape is the more
serious of the two crimes and, when committed by more than two
persons, is punishable with reclusion perpetua to death under Article
266-B of the Revised Penal Code, as amended by Republic Act No.
8353. Thus, accused-appellant should be sentenced to the maximum
penalty of death for forcible abduction with rape.

People v. Garcia

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People v. Garcia

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PEOPLE V.

RELEVANT LAWS: ART. 48 Penalty for complex crime- When a single

es virtual law library

ISSUE: Whether there is a complex crime of Forcible Abduction with

In the case at bar, the information sufficiently alleged the elements of

Aside from alleging the necessary elements of the crimes, the

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