42

People vs. Famularcano

43 OG 1721

Facts:
Accused, a driver in the Camph John Hay Motor pool,has as one of his duties to take
home in a truck the employees thereof, one of whom was the offended party, Dionisia Navarro.
Around 10PM, accused stopped the carrier telling her that it was out of gas so the lady alighted
and the acused followed. He held and hugged her to his breast. She struggled. Her dress was
torn from the collar to the waist line on the front part when he made effort to touch her breast.
She was able to extricate herself and moved away. The accused did not follow her any more.
The accused contends that he was motivated not by lewdness but by a desire to avenge the fact
that her father committed a criminal attack on his wife during the Japanese occupation.
The theory of the defense counsel is that the crime committed is not the frustrated acts
of lasciviousness for which the accused was convicted for by the lower court, but at most unjust
vexation.

Issue:
Whether or not the crime committed was acts of lasciviousness

Held:
Yes

Ratio:
In cases of acts of lasciviousness, as in all cases of crimes against chastity, like adultery
and rape, from the moment the offender performs all the elements necessary for the existence
of the felony, he actually attains his purpose and from that moment, all the essential elements
of the offense have been accomplished.