THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee,

vs.
FELIPE SANTIAGO, Defendant-Appellant.

[G.R. No. 27972. October 31, 1927.]

STREET, J.:

FACTS:

On November 23, 1926, the appellant asked Felicita, about 18 years of

age, to accompany him across the river on some errand. The girl agreed and after
crossing the river, the appellant conducted the girl to a place about twenty paces
from the highway where tall grass and other growth hid them from public view. He
then right then and there committed the crime.

In fixing the penalty, the attorney general suggested to take account

the aggravating circumstance that the offense was committed in an uninhabited
place.

ISSUE:

Whether or not the aggravating circumstance of the crime being

committed in an uninhabited place is appreciated.

RULING:

No.

The evidence failed to show beyond reasonable doubt that the crime was
committed in isolation. It is the instant doctrine of the court that an aggravating
circumstance must be as clearly proved as any other element of the crime and in the
case at bar, the place of the commission of this offense was not remote enough from
habitation or possible aid to make appropriate the estimation of the aggravating
circumstance.