G.R. No. 1482 - FEBRUARY 1904 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE G.R. No. 1482February 29, 1904 United States vs. Antonio Fernandez, et al. G.R. No. 1506February 26, 1904 United States vs. Facundo Pineda, et al. G.R. No. 1493February 25, 1904 United States vs. Bernardo Usis, et al. G.R. No. 1498February 24, 1904 United States vs. Martin Cabuenas G.R. No. 1705February 23, 1904 Tomas Blanco vs. Byron S. Ambler G.R. No. 1532February 23, 1904 United States vs. Casimiro Gasal G.R. No. 1434February 23, 1904 United States vs. Antonio delos Reyes, et al. G.R. No. 1293February 23, 1904 Ildefonso Doronilla vs. Jose Lopez, et al. G.R. No. 1372February 20, 1904 John E. Springer vs. Arthur F. Odlin G.R. No. 1092February 18, 1904 Luis Quirido vs. Ramon Florendo, et al. G.R. No. 1481February 17, 1904 United States vs. Liberato Exaltacion, et al. G.R. No. 1446February 17, 1904 United States vs. Ambrosio dela Cruz, et al. G.R. No. 1509February 16, 1904 United States vs. Nicolas Gloria G.R. No. 1480February 16, 1904 United States vs. Francisco dela Cruz , et al. G.R. No. 1478February 16, 1904 United States vs. Juan dela Cruz, et al. G.R. No. 1460February 16, 1904 United States vs. Maximo Guillermo, et al. G.R. No. 1437February 13, 1904 United States vs. Agaton Ambata, et al. G.R. No. 1513February 12, 1904 United States vs. Casiano Sadian G.R. No. 1399February 12, 1904 United States vs. Norberto Obregon G.R. No. 1368February 12, 1904 United States vs. Fred Freimuth G.R. No. 1522February 11, 1904 United States vs. Policarpo Idica G.R. No. 1548February 11, 1904 United States vs. Paulino Garcia, et al. G.R. No. 1464February 11, 1904 United States vs. Maximo Oangoang, et al. G.R. No. 1693February 5, 1904 Francisco Garcia vs. John C. Sweeney G.R. No. 1444February 4, 1904 United States vs. Severo Alcantara, et al. G.R. No. 1300February 3, 1904 E. C. McCullough vs. R. Aenlle & Company G.R. No. 1561 and 1562February 2, 1904 Rafael Enriquez vs. A. S. Watson & Co., et al. The Lawphil Project - Arellano Law Foundation, Inc. United States vs. Antonio Fernandez, et al. United States vs. Facundo Pineda, et al. United States vs. Bernardo Usis, et al. United States vs. Martin Cabuenas Tomas Blanco vs. Byron S. Ambler United States vs. Casimiro Gasal United States vs. Antonio delos Reyes, et al. Ildefonso Doronilla vs. Jose Lopez, et al. John E. Springer vs. Arthur F. Odlin Luis Quirido vs. Ramon Florendo, et al. United States vs. Liberato Exaltacion, et al. United States vs. Ambrosio dela Cruz, et al. United States vs. Nicolas Gloria United States vs. Francisco dela Cruz , et al. United States vs. Juan dela Cruz, et al. United States vs. Maximo Guillermo, et al. United States vs. Agaton Ambata, et al. United States vs. Casiano Sadian United States vs. Norberto Obregon United States vs. Fred Freimuth United States vs. Policarpo Idica United States vs. Paulino Garcia, et al. United States vs. Maximo Oangoang, et al. Francisco Garcia vs. John C. Sweeney United States vs. Severo Alcantara, et al. E. C. McCullough vs. R. Aenlle & Company Rafael Enriquez vs. A. S. Watson & Co., et al. The Lawphil Project - Arellano Law Foundation, Inc.
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. 1482 February 29, 1904
THE UNITED STATES,complainant-appellee,
vs.
ANTONIO FERNANDEZ,defendant-appellant.
Antonio Fernandez on his behalf.
Office of the Solicitor-General Araneta for appellee.
The defendant, who is a member of the Constabulary, went to the house of the father of the complaining witness, together with some other members of the corps, for the purpose of searching the house for firearms. No arms were found. His men having gone into a barn near by, the defendant was left alone in the house with the complaining witness, a girl of 16. The defendant then told her that unless she would submit to him he would kill her and by threatening her with his revolver intimidated her to the point of permitting him to have sexual intercourse with her. The trial court found the defendant guilty of rape and imposed upon him the maximum penalty of seventeen years four months and one day of reclusion temporal. Against this the defendant appealed.
MAPA,J.:
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 ofreclusion temporalimposed 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.