Art. 343. Consented abduction. - The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs, shall be punished by the penalty of prision correccional in its minimum and medium periods. (Revised Penal Code)


Elements:

1. Offended party is a virgin;
2. She is over 12 and under 18 years of age;
3. Offender takes her away with her consent, after solicitation or cajolery from the offender;
4. The taking away is with lewd designs.


Notes:

● The purpose of the law is to prescribe punishment for the disgrace to her family and the alarm caused by the disappearance of one who is, by her age and sex, susceptible to cajolery and deceit.

● If the virgin is under 12 or is deprived of reason, the crime is forcible abduction because such is incapable of giving a valid consent.

● The taking away of the girl need not be with some character of permanence. “No matter how short is the taking away, the crime exists.”

● Consent of the minor to being taken away may be due to honeyed promises of marriage by the offender.

● The taking away must be with lewd designs. The intention to marry may show lewd designs as when the offender knows of should know that the minor cannot legally consent to the marriage.

● Actual sexual intercourse with the abducted girl is not necessary.

● When there was no solicitation or cajolery and no deceit and the girl voluntarily went with the man, there is no crime committed even if they had sexual intercourse.

● Consented abduction with rape - Where a 15 year old girl was induced to leave her home and later forcibly violated by the four accused (People vs. Amante, 49 Phil 679)