An
examination of the elements of these two crimes would show that although they
may have arisen from the same set of facts, they are not Identical offenses as
would make applicable the rule on double jeopardy.
There are
similar elements between Consented Abduction and Qualified Seduction, namely:
(1) that the offended party is a virgin, and, (2) that she must be over twelve
(12) and under eighteen (18) years of age. However, two elements differentiate
the two crimes. Consented Abduction, in addition to the two common elements,
requires that: (1) the taking away of the offended party must be with her
consent, after solicitation or cajolery from the offender, and, (2) the taking
away of the offended party must be with lewd designs. On the other hand, an
information for Qualified Seduction also requires that: (1) the crime be
committed by abuse of authority, confidence or relationship, and, (2) the
offender has sexual intercourse with the woman.
Moreover, the
very nature of these two offenses would negate any Identity between them. The
gravamen of the offense of the abduction of a woman with her own consent, who
is still under the control of her parents or guardians is "the alarm and
perturbance to the parents and family" of the abducted person, and the
infringement of the rights of the parent or guardian. But-in cases of
seduction, the gravamen of the offense is the wrong done to the young woman who
is seduced.
Sources: G.R. No. L-80838, November 29, 1988, ELEUTERIO
C. PEREZ vs. CA
U.S.
v. Jayme, 24 Phil. 90, 94 (1913).
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