G.R. No. 1912. February 15, 1905

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4 Phil. 217

[ G.R. No. 1912. February 15, 1905 ]

THE UNITED STATES, COMPLAINANT AND APPELLEE, VS. ENRIQUE CAIDO ET AL., DEFENDANTS AND APPELLANTS.

D E C I S I O N



JOHNSON, J.:

The defendants in this case were charged with the crime of
abduction. The complaint alleged that on the night of the 8th of
January, 1904, in the sitio of Minian, barrio of Zaragoza, pueblo of
Bolinao, Province of Pangasinan, the said accused, accompanied by
various other persons unknown, armed with guns and bolos, entered the
house of Pantaleona Cielo and took and carried away, by means of force,
Feliciana Capa, against her will, and for dishonest purposes.

After hearing the evidence in said cause the judge of the Court of
First Instance of the Province of Pangasinan sentenced each of said
defendants to be imprisoned for a period of twelve years and one day of
reclusion temporal, and to indemnify Feliciana Capa in the sum
of P1,000, and to pay two-thirds of the costs of said suit. The
defendants appealed to this court from said decision.

Upon an examination of the evidence in the record of said cause we
are of the opinion that the acts of the parties, as shown by the
evidence of the various witnesses in relation to the said Feliciana
Capa, were not sufficient to constitute the crime of abduction as
defined in article 445 of the Penal Code. Therefore the said sentence
is reversed with costs de oficio, and the accused are acquitted. So
ordered.

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






Date created: April 24, 2014




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