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Form No.

45 -- FORCIBLE ABDUCTION 26
 COMPLAINT

    The undersigned........................................................... accuses……… ………….


………………………………………………………...of the crime of FORCIBLE
ABDUCTION defined and punished under Art. 342 of the Revised Penal Code,
committed as follows:

     That on or about the....................day of...........................................19...................


in the Municipality of............................................................ and within the jurisdiction
of this Hon. Court, the said accused, with lewd designs, did then and there
willfully, unlawfully and feloniously abduct one ……………………………...
………………………………………………. a minor of 14 years while she was
about to go to school, by forcing her to ride on a passenger jeep against her will.

Contrary to law
... ...19…………….
                                 ................................................
                          Offended Party 27

 *26 The elements of the crime are (1) That the person abducted be a woman; (2) That the
abduction must have been against the will of the woman; (3) That the abduction must
have been for lewd or unchaste designs (PEOPLE vs. RAMIREZ, et al., 39 Phil. 738.
Nonetheless, abduction is always committed if the female is below 12 years of age,
though there be consent. (Art. 342, RPC).
*27
Abduction, like adultery, concubinage, seduction, rape, acts of lasciviousness, or
defamation, consisting in the imputation of any such crimes can only be prosecuted upon
the complaints by the offended party or her parents, grandparents, or guardian if she be a
minor (Art. 344, Revised Penal Code, and Sec. 4, Rule 110, Rules of Court.) As
construed in U.S. v. Bautista, 40 Phil. 735, the information signed and filed by the
Provincial Fiscal shall be valid provided it is based on a complaint signed and sworn to
by the offended party or her parents, grandparents, or guardian.

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