People v. Fontanilla

People vs. Fontanilla o She then went back to her mother’s house.
June 28, 1968 | Qualified Seduction- Art. 337 o Despite the many promises of Fontanilla to marry her which
were never fulfilled, she continued having affair with him
PETITIONER: People of the Philippines because she was beginning to like him and enjou his sexual
RESPONDENT: Mariano Fontanilla intercourse.
3. Version of Defense:
SUMMARY: Fe Castro, 15- year old virgin, worked as a helper in the house o Fe Castro is their niece. She went there to be treated as their
of accused Fontanillo. They had sexual intercourse many times. He promised child.
her marriage several times which was never fulfilled. Justice of Peace found o Fontanilla denied having sexual intercourse with Fe.
him guilty of qualified seduction. He argued that his promises to get married o It was impossible for him to have sex with Fe because he was
with Fe were never proved. SC affirmed and held that deceit need not be already 52 years old thus, diminished virility.
proved in qualified seduction. It is replaced by absuse of confidence. o Fe’s uncle, Gapasin, only instigated her to file the case.
o Mayor of San Juan tried to settle the case but Fe’s
DOCTRINE: Deceit, although an essential element of ordinary or simple uncle, Gapasin, advised that they should go on trial.
seduction, does not need to be proved or established in a charge of qualified o Fe was only envious of Fontanilla’s children of the 1st
seduction. It is replaced by abuse of confidence which already implies marriage.
deceit/fraud. 4. Fontanilla argued that he cannot be convicted of qualified seduction
because there is no proof that he seduced Fe thru his promises that
they would get married.
5. Justice of Peace found Fontanilla guilty. Thus, this appeal.
FACTS
1. Mariano Fontanilla was found guilty of Qualified Seduction by the
Justice of Peace of San Fernando, La Union. ISSUE: Is Fontanilla guilty of Qualified Seduction? YES.
2. According to complainant Fe Castro (who is the only witness):
o Fe Castro is a 15-year old virgin and was brought by her RATIO:
mother to the house of accused Fontanilla to work as a helper. 1. [Really, non-issue] On appeal, wife of Fontanilla questioned the
o Accused Fontanilla has a 2nd spouse who is a sister of Fe jurisidiction of the Justice of Peace of San Juan because the crime
happened San Fernando.
Castro’s mother.
o For about 3 months, Fontanilla succeeded in having carnal o SC stated Justice of Peace and Court of First Instance have
knowledge with her many times. concurrent jurisdiction.
o Duration of the imprisonment and/or the amount of the fine
o She couldn’t recall how many times.
o Started within a week after her arrival. imposable, irrespective of the civil incidents or obligations
o 1st intercourse: Fontanilla intruded to her room which may attach to the offense charged.
while she was sleeping. Wooden bar used to lock 2. [Main-issue] As to Fontanilla’s contention that there is no evidence of
the false marital promises he made to seduce Fe and thus he cannot be
the dorr didn’t prevent the said door from being
opened. He placed himself on top of her and convicted of qualified seduction, SC said:
fondled her nipples. I’d rather we skip this. o Deceit, although an essential element of ordinary or simple
seduction, does not need to be proved or established in a
o She was induced Fonanilla’s promises of
marriage and his acts of intimidation. charge of qualified seduction. It is replaced by abuse of
o After 3 months of her stay, her aunt (2nd spouse of confidence which already implies deceit/fraud.
o When the offender is a public officer, a priest or minister, a
accused) caught them in flagrante on the kitchen
floor. servant, domestic, tutor, teacher, or under any title is in
charge of the education or keeping of the offended woman,
as in the present case, the act is punishable although fraud
or deceit may not have been used or, if employed, has not
been proved.
o The seduction of a virgin over twelve and under eighteen
years of age, committed by any of the persons enumerated in
art. 337 is constitutive of the crime of qualified seduction
even though no deceit intervenes or even when such carnal
knowledge was voluntary on the part of the virgin.
o Pressumption of virginity arises whenever it is shown that
the woman is single. In this case, Fe was only 15 years old,
unchaste. Pressumption arises.
o As to damages, the NCC provides that offended partu in cases
of seduction, rape or other lascivious acts are entitled to moral
damages.
o Parents of the offended was also awarded moral
damages.

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People vs. Fontanilla o She then went back to her mother’s house.

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