Decision
People Of The Philippine Islands v. Amerela
G.R. No. 24839 · 1926-01-15 · JOHN, J. · LawPhil
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. GERUNDIO AMERELA, defendant-appellant. Eusebio Orense for appellant. Attorney-General Jaranilla for appellee. STATEMENT The defendant was charged in the Court of First Instance of Iloilo with the crime of abduction alleged to have been…
JOHN, J.:
The Attorney-General admits that this point is well taken. It will be noted that the information alleges that the maiden is over 12 but under 18 years of age, and that it does not allege that the abduction was made or that the carnal knowledge was had without her consent. Without such an allegation, where the information alleges that the girl is over 12 but under 18 years of age, it must legally be assumed that both the abduction and the carnal knowledge were with her consent.
Following the recommendation of the Attorney-General the sentence of the lower court will be modified and reduced to one year, eight months and twenty-one days of prision correctional, and in all other respects affirmed, with costs. So ordered.
Avanceña, C. J., Johnson, Street, Malcolm, Villamor, Ostrand, Romualdez, and Villa-Real, JJ., concur.