Forcible abduction, A342 Revised Penal Code

Forcible abduction – refers to the offense of abducting a woman against her will and with lewd designs.

1. Concept

Forcible abduction – refers to the offense of abducting a woman against her will and with lewd designs.

a. Legal basis

Article 342. Forcible abduction. - The abduction of any woman against her will and with lewd designs shall be punished by reclusion temporal.

The same penalty shall be imposed in every case, if the female abducted be under twelve years of age.

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) Taking a woman against her will

a. Mode 1: Taking a woman against her will

Elements of the offense of forcible abduction:

1) The victim is a woman, regardless of age, civil status, or reputation;

2) She is taken against her will; and

3) The abduction was done with lewd designs. (People v. Pingol, G.R. No. 219243, November 4, 2020, Per Leonen, J.)

1) Element 1: Woman as victim

The offended party is specified to be a woman, regardless of age, civil status, or reputation. That being the case, the opposite sex is excluded. Otherwise stated, a man or male cannot be the offended party.

People v. Ablaneda, G.R. No. 131914, April 30 2001, Per Ynares-Santiago, J.:

• All these elements were proven in this case. The victim, who is a woman, was taken against her will, as shown by the fact that she was intentionally directed by accused-appellant to a vacant hut. At ...