G.R. No. 1208 - United States vs. Jose Quevengco

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. 1208            August 6, 1903

THE UNITED STATES,complainant-appellee,
vs.
JOSE QUEVENGCO,defendant-appellant.

Claudio Gabriel for appellant.
Solicitor-General Araneta for appellee.

WILLARD,J.:

Sotera Jico was in the house of the defendant for three days. During that time she was employed as a servant therein, had the freedom of the house, and left it at times to visit her mother, who lived upon the same estate. At those times she was accompanied only by a small child. These facts do not show the commission of the crime ofdetencion ilegal.

She was, by the servants of the defendant and a soldier of the Constabulary, compelled, against her will, to leave her house and go with them, in company with her aunt, to the defendant's house. The facts prove the commission of the crime ofcoaccion, punished by article 497 of the Penal Code.

The offense charged in the complaint isdetencion ilegal. That crime can not be committed without committing that form ofcoaccionwhich consists in compelling one to do what he does not wish to do. The latter is therefore necessarily included in the former, and under this complaint fordetencion ilegalthe defendant can be convicted of this form ofcoaccion. (G. O., No. 58, sec. 29.)

The aggravating circumstance of sex, mentioned in No. 20 of article 10 of the Penal Code, should be taken into consideration.

The judgment below is reversed and the defendant is found guilty of the crime ofcoaccion, and is sentenced to six months ofarresto mayor, to a fine of 325 pesetas, and the payment of 25 pesos as indemnity to said Sotera Jico, and to the payment of costs.

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