2019 Criminal Law, Q2

Mr. X has always been infatuated with Ms. Y. Scorned by Mr. Y’s disregard for his feelings towards her, Mr. X came up with a plan to abduct Ms. Y in order to have carnal knowledge of her with the help of his buddies, A, B, and C.
On the day they decided to carry out the plan, and while surreptitiously waiting for Ms. Y, C had a change of heart and left. This notwithstanding, Mr. X, A, and B continued with the plan and abducted Ms. Y by forcefully taking her to a deserted house away from the city. There, Mr. X restrained Ms. Y’s arms, while A held her legs apart. B stood as a lookout. Mr. X was then able to have carnal knowledge of Ms. Y, who was resisting throughout the entire ordeal.
Consequently, Mr. X was charged with the crime of Forcible Abduction under the Revised Penal Code.
(a) Is the charge against Mr. X proper? Explain. (3%)
(b) Assuming that A, B, and C are also charged, may they be held criminally liable together with Mr. X? Explain. (2%)

Quick check

Is forcible abduction absorbed in the crime of rape when the main objective is carnal knowledge?

What is the criminal liability of a co-conspirator who stands as a lookout during the execution of rape?

What is the legal effect when a conspirator desists and leaves before any overt act of execution is performed?

Under Article 266-A of the Revised Penal Code, how is rape by carnal knowledge committed?

Why is C exempt from criminal liability for the rape committed by Mr. X, A, and B?

Learn more about these topics

1. Absorbed Abduction
When forcible abduction is executed as a direct means to commit rape and carnal knowledge is the primary objective of the offender, the abduction is absorbed in the crime of rape. The taking of the victim is merely a preparatory stage or necessary vehicle to accomplish the ultimate criminal design. Consequently, charging the accused with forcible abduction is improper because the offense committed is prosecuted solely as rape under Article 266-A of the Revised Penal Code.

2. Criminal Conspiracy
Under Article 8 of the Revised Penal Code, conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. All co-conspirators who perform overt acts during the execution of the crime incur collective criminal liability as principals. By performing indispensable acts such as holding the victim's legs or serving as a lookout during the assault, co-conspirators directly cooperate in the consummation of the felony.

3. Desistance Exemption
Spontaneous desistance prior to the commission of any overt criminal act exempts an individual from criminal liability. When a person who agreed to a conspiracy changes their mind and leaves before any material act of execution begins, that person effectively dissociates from the conspiracy. Because no overt act of execution was commenced before the withdrawal, the desisting individual incurs no criminal responsibility for the felony subsequently committed by the remaining co-conspirators.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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