U.S. v.

Yumul

Facts:

In the barrio of San Isidro, of the municipality of Bacolor, Pampanga, at a later hour of the night of June 30, 1914,
the defendant Eustaquio Yumul, a policeman, entered the house of a woman named Pavi. The girl Donata Infante,
15 years of age, was asleep at the time in a corridor of this house, and the defendant succeeded in lying with her.
Just then Donata's grandfather, Lino Infante, approached the house and on lighting a match saw that his
granddaughter was stretched out on the floor and held down by the defendant.

The aged Infante with his bolo started to attack Yumul, but the latter told him not to do so, that justice was to be
had. Infante thereupon took both his granddaughter and the defendant to the house of the barrio lieutenant to
whom he reported what had occurred. The lieutenant ordered Yumul and the girl to remain in the house so that the
facts might be reported to the proper authorities the next day. Infante then returned home.

The defendant, taking advantage of the circumstance that the barrio lieutenant and the other inmates of the house
were asleep, went to where the Infante girl was resting, caught hold of her, gagged her with a handkerchief and, by
threatening her with a pocket knife, as she testified, succeeded despite her resistance in removing her from the
house and, carrying her at times and dragging her along at others, took her to the house of Tomasa Sangalang,
situated at about an hour's walk from that of the barrio lieutenant.

On the way of Sangalang's house and while passing through a lonely place in a rice field the defendant again lay with
the girl, whose clothes were torn and covered with mud. On arrival at the house of Tomasa Sangalang he begged
her to permit the girl Donata to remain there while he went in search of her camisa; but Tomasa Sangalang, fearing
she might incur some liability, did not permit Yumul to enter her house, and the next morning as the defendant had
not returned she furnished the girl with a camisa and took her to the pueblo, after which the latter and her
grandfather presented themselves to the provincial fiscal and subsequently to the justice of the peace, before which
officials they made complaint.

The defendant denied the charge, pleaded not guilty, and testified that he inquired as to where he might find a
woman with whom he could satisfy his carnal appetite, and that the girl Donata Infante was pointed out to him for
the purpose; that he paid court to her until he succeeded in having sexual intercourse with her; he frequently visited
her in the house where she lived, with the knowledge of the other inmates thereof; that at a late hour of the night in
question he was surprised by the girl's grandfather who, angered at his granddaughter's conduct, took her along with
him, and a little while afterwards defendant heard someone cry out: "Eustaquio, don't forsake me, for my
grandfather is wounding me."

Eustaquio Yumul was charged with the crime of abduction with violence and judgment was rendered sentencing him
to the penalty of 12 years and one day of reclusion temporal, to endow the offended party in the sum of P500, to
recognize and maintain the offspring, should there be any. Hence, the appeal.

The record shows it to have been duly proven that the defendant did in fact commit the crime of abduction as
charged, with the consent of the offended party and with lewd designs; but from the incriminatory evidence
introduced at the trial it was not established beyond all doubt and in a decisive and conclusive manner that the
abduction was perpetrated with violence and intimidation upon the person of Donata Infante.

Issue: WON aggravating circumstances are present in the crime committed

Ruling: Yes, there are aggravating circumstances present in the case.

First, the defendant effected the abduction by availing himself of his official position as a municipal
policeman, for he was wearing his uniform. And second, he took advantage of the silence and darkness of the night
for the purpose of abducting the girl with impunity.

The defendant was sentenced to the penalty of four years of prision correccional, to the accessory penalties, to
indemnify the offended party in the sum of P300 and notwithstanding his being married, to the obligation of
maintaining the offspring, should there be any, and to the costs of both instances.