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Forcible Abduction
Forcible Abduction
45 -- FORCIBLE ABDUCTION 26
COMPLAINT
Contrary to law
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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.