G.R. No. 1482. February 29, 1904

The guilt of the defendant of the crime of rape with which he is charged is
fully established by the proof. The crime was committed with the aggravating
circumstance that the accused availed himself of his position as sergeant of the
Constabulary forces to commit the crime, and with the further circumstance of
its commission in the dwelling of the complaining witness. Consequently the
penalty of seventeen years four months and one day of reclusion temporal imposed
on the defendant by the trial judge is in accordance with law and should
therefore be affirmed.

The court below also condemned the defendant to the payment of the sum of 500
pesos to the father of the complaining witness. There is no authority of law for
this, and consequently the decision can not in this respect be sustained. In
lieu thereof the defendant should be obliged to endow the complaining witness,
who it appears is unmarried, in the sum of 500 Philippine pesos, and to
acknowledge and support the offspring, should there be any, in accordance with
the provision of article 449 of the Penal Code.

With this modification we affirm the judgment of the court below, with the
costs of this instance against the defendant.

Arellano, C. J., Torres, Cooper, and McDonough, JJ.,
concur.

Willard and Johnson, JJ., dissent.