TOPIC Pardon

CASE NO. G.R. No. 27972, 1927

CASE NAME People v Santiago
MEMBER Nica Pine

DOCTRINE
Marriage is one of the ways in extinguishing criminal liability in the crime of rape. However, if the
performance of marriage ceremony is vitiated by duress and that the ceremony is a mere device of the
accused to escape punishment, then the marriage is illegal and constitutes no obstacle to the prosecution of
the accused.

RECIT-READY DIGEST
This case is regarding the rape of Felicita Masilag, aged 18, by her uncle Felipe Santiago. An appeal was filed by
Felipe Santiago regarding the CFI’s verdict for the offense of rape and sentencing him to undergo imprisonment.

The incident happened on Nov 23, 1926 where Felipe asked Felicita to accompany him across the river for some
errand. Upon crossing to San Leonardo, 20 paces from the highway around tall grass, Felipe told Felicita he wants to
have carnal knowledge with her – to which Felicita declined. But, Felipe, notwithstanding Felicita’s resistance,
accomplished that act by force.

After the deed, Felipe brought Felicita to the house of Felipe’s uncle, Agaton Santiago. In the afternoon of same day,
Agaton brought a protestant minister and officiated the marriage. Afterwards, Felipe gave felicita money and sent
her home. The next day, Felicita told her father of what happened and the prosecution for rape started.

The issue in this case is whether the marriage of Felipe and Felicita constitutes a bar for the prosecution of
rape?

The court held that the marriage was void and will not serve as an impediment to the prosecution. The court
reasoned that the marriage ceremony was a mere ruse by which Felipe hoped to escape from the criminal
consequences of his act. The manner in which the appellant dealt with the girl after the marriage, as well as before,
shows that he had no bona fide intention of making her his wife, and the ceremony cannot be considered
binding on her because of duress.

FACTS
*Literally what I wrote in the recit-ready hehe this case is just 2 pages!*

ISSUE/S and HELD

1. W/N the marriage of Felipe and Felicita constitutes a bar for the prosecution of rape? – No.
RATIO
1. On the issue of marriage as a bar to prosecution of rape,
- The trial court found that the offense of rape had been committed, as above stated, and that the marriage
ceremony was a mere ruse by which the appellant hoped to escape from the criminal consequences of his
act. We concur in this view of the case.
- The manner in which the appellant dealt with the girl after the marriage, as well as before, shows that he
had no bona fiede intention of making her his wife, and the ceremony cannot be considered binding on
her because of duress.
- The marriage was therefore void for lack of essential consent, and it supplies no impediment to the
prosecution of the wrongdoer.

DISPOSTIVE PORTION
The judgment appealed from is in accordance with law, and will be affirmed. So ordered, with costs against the
appellant.