Thursday, April 12, 2012

Rape absorbs forcible abduction - G.R. No. 175924

G.R. No. 175924

"x x x.


We next deal with the characterization of the crime as forcible abduction with rape. The principal objective of Sabadlab and his two cohorts in abducting AAA from Dapitan Street and in bringing her to another place was to rape and ravish her. This objective became evident from the successive acts of Sabadlab immediately after she had alighted from the car in completely undressing her as to expose her whole body (except the eyes due to the blindfold), in kissing her body from the neck down, and in having carnal knowledge  of her  (in that order).  Although  forcible  abduction was

seemingly committed,[17] we cannot hold him guilty of the complex crime of forcible abduction with rape when the objective of the abduction was to commit the rape. Under the circumstances, the rape absorbed the forcible abduction.[18]

The penalty of reclusion perpetua was correctly prescribed.  Article 266-A and Article 266-B of the Revised Penal Code, as amended by Republic Act No. 8353,[19]respectively define and punish simple rape as follows:

Article 266-A.  Rape; When and How Committed. – Rape is committed –

1) By a man who shall have carnal knowledge of a woman under any of the circumstances:

a) Through force, threat, or intimidation;

b) When the offended party is deprived of reason or otherwise unconscious;

c) By means of fraudulent machinations or grave abuse of authority; and

d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.

Article 266-B.  Penalties. – Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
xxx
 x x x."

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