THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. SERAFIN CASTILLO AND MARCELO LUGOD, DEFENDANTS AND APPELLANTS.

This is an appeal from a judgment of the Court of First Instance of Nueva
Ecija convicting the herein appellants of the crime of forcible abduction in
accordance with article 342 of the Revised Penal Code and sentencing them, to an
indeterminate penalty ranging from 8 years and 1 day of prision mayor
as minimum, to 14 years, 8 months and 1 day of reclusion temporal as
maximum, and costs.

Serafin Castillo was a persistent and ardent suitor of Carolina Isidro, both
residents of the barrio of San Juan, Aliaga, Nueva Ecija. In the afternoon of
March 27, 1945, Castillo and Marcelo Lugod, his co-appellant, forcibly dragged
and carried Carolina Isidre from the store she was tending and took her to a
waiting carretela while she resisted and cried for help. Appellants
then ordered the rig driver to speed away in the direction of the town of Aliaga
until they reached a point much farther than the municipal building where they
stopped upon being warned by some guerrilleras that it was dangerous to
proceed further. Whereupon, the party half-turned and proceeded instead to the
municipal building. Upon the arrival of the mayor and the chief of police at the
building, the sworn statements of the girl and of Castillo were taken down.
Subsequently, Carolina’s mother, Juliana Santiago, with a sister of Carolina,
both of whom arrived about two hours after Carolina, asked her whether she
accepted Castillo. The girl vehemently answered in the negative, whereupon her
mother took her home.

There is no controversy as to the fact that Carolina Isidro was taken away by
Serafin Castillo and Marcelo lugod against her will. Counsel for appellants
admits this and it is well supported by the evidence. Now, the question would
be: were lewd designs sufficiently proven to constitute the case one of forcible
abduction? The trial court’s finding is fully supported ~by evidence. It is
admitted that Serafin Castillo was a rejected suitor of Carolina Isidro with no
hope of having her in marriage. His persistent offers of love and marriage had
been decidedly spurned. It was in the evening of March 27 when he took the girl
by force, and at that time the office of the justice of the peace is usually
closed and no marriages are therein solemnized much less at a moment’s notice
without previously fulfilling the requlsites provided by law. Castillo took the
girl in a carretela to a distance much farther than the municipal
building of Aliaga, and he proceeded with her to that building only by the
warning of a grave danger ahead. In the carretela he forcibly embraced
her, kissed her, and handled her against her will. No protestation of noble
intentions can obviate the conclusion that all these acts proved lewd designs.
Would a man intent on marriage so act? Appellant Castillo claims these acts were
intended simply to add to the persuasive force of his matrimonial offer. This
merits no consideration at all. It is a defense that can be put”, up even by one
who commits rape, that the girl will eventually yield to marriage.

With regard to the other appellant. Marcelo Lugod, it was he who forcibly
dragged the girl from the store she was tending to the carretela where
Castillo was waiting to receive her. And throughout the ride, while Castillo
handled the girl, lugod was seated to one side of her. He took, therefore,
direct participation in the execution of the crime.

In view of the foregoing, the judgment appealed from is affimed in all
respects, with costs.

Feria, Bengzon, Briones, and Tuason, JJ., concur.