G.R. No. 892. March 14, 1905

Juan Luna was charged with the crime of attempted abduction in that
he tried to take away in a carriage a young girl of the age of 12
years, at about half past 11 o’clock on the morning of February 14,
1902, and while the injured party was standing in the door of her
house, situated on Calle Azcarraga, district of Tondo. The complaint
stated that he performed said act with unchaste designs for the reason
that he caught the child around the waist when he attempted to put her
in the carromata which was in readiness in said street. He did not
succeed, however, because of the resistance offered by the child and
because of the intervention of the policeman, Ramon Bavilona, who came
in answer to the cries of the child; that the defendant also tried to
throw the said child on the ground on the night previous, while she was
in the kitchen of her house, although he did not accomplish his purpose
because of the child’s aunt appearing on the scene in answer to the
cries of the child.

These facts are fully proven in the case and constitute indeed the
crime of attempted abduction. The principal in this crime made a
beginning in the execution of the same, performing all the acts which
tended directly to insure the execution of his purpose, and if he did
not realize the consummation of his object it was because of reasons
outside his will or accidents and not because of his own voluntary
desistance. That the attempted abduction was committed with unchaste
designs is furthermore corroborated by the other attempt made upon the
chastity of the injured party on the previous night.

We agree with the court below as regards the weight and
preponderance of the evidence adduced by the prosecution over that
adduced by the defense, and also as regards the statement that there
was no aggravating circumstance present in the commission of the crime
and that the special extenuating circumstance provided for in article
11 of the Penal Code should be taken into consideration. Therefore the
penalty is imposed in its minimum degree.

Taking into consideration article 445 of the Penal Code, together
with articles 3 and 66 of the same code, this court is of the opinion
that the judgment below, rendered March 12, 1902, should be affirmed.
Juan Luna is sentenced to the penalty of one year eight months and
twenty days of prision correccional, with the accessories provided for in article 61 of the code, and to pay the costs.

This case to be remanded to the court below, together with a
certified copy of this decision and of the judgment which shall be
rendered in accordance herewith.

Arellano, C. J., Mapa., Johnson, and Carson, JJ., concur.