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FORM NO. 248.

Abduction with Rape


(See Arts. 342, 335, 334, R.C.CP)

(Caption and Title)

INFORMATION

The undersigned, provincial fiscal, upon sworn complaints originally filed by the
offended party, accuses _____________ and _______________ of the crime of ABDUCTION
WITH RAPE, committed as follows:

That on or about the________________ , 19 ______ in the municipality of


____________, province of _________ Philippines, within the jurisdiction of this court, the
above-named accused, conspiring together and mutuality siding one another, and by means of
force, violence, intimidation, and threats, did, then and there, and with lewd and unchaste
designed willfully, unlawfully, and feloniously take and carry away ________________ against
her will from the house of her parents, and once said accused was in possession of the said
______________ , by means of force, violence, intimidation, and threats, did, then and there,
and with lewd and unchaste designed willfully, unlawfully, and feloniously had carnal knowledge
of her against her will.

Contrary to law.

________ , _______________ , 19 ______.

________________________
(Provincial Fiscal)

WITNESSES:

_______________________

_______________________

Certification

Penalty for complex crimes: The penalty for the most serious crime shall be imposed, the same to
be applied in its maximum degree. (Art. 48, R.P.C.) Rape and forcible abduction have same severity of
penalty. (See Art. 342, R.P.C.)
As to why this pleading should be entitled “information” and the not “complaint” as is done by
same fiscal, please see footnote (457).
Rape may be either consummated or attempted. There is no frustrated rape. (Rape v. Oscar, 48
Phil. 527.) But see people v. 50 PHIL. 998.

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