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No. 197 - R
People vs Famularcano
Felix, J.
Summarized by Sarah
IMPORTANT PEOPLE
Fernando Famularcano – Accused
Dionisia Navarro – Offended Party
FACTS
1. Fernando Famularcano was a driver of the Camp John Hay Motor Pool in
Baguio. One of Famularcano’s duties is to take home the employees of the
Camp.
2. Dionisia Navarro was a cashier at the Post Exchange of the US Army.
3. April 4, 1946 – At about 9:30pm, a group of the personnel of Camp John Hay,
including Navarro, was being taken home in a weapons carrier driven by
Famularcano.
4. At about 10pm, when the truck had passed the new Lukban Bridge, the
defendant stopped the truck. He told Navarro that the truck was out of gas.
5. Navarro decided to walk home. She stepped out of the truck and started
walking.
6. The defendant followed her, held her and hugged her.
- Her dress was torn in front, from the collar to the waistline, because the
defendant was trying to touch her breast.
- Because she struggled against him, she was able to escape.
- She went to the house of her friend and spent the night there.
- Defendant did not follow her anymore.
7. Defendant did not deny Navarro’s allegations. He alleged that he assaulted
Navarro as revenge for what Navarro’s father did to his wife.
- He learned that Navarro was the daughter of a Filipino Japanese spy,
Florague.
- Florague was responsible for the arrest of Famularcano’s wife. Florague
also committed acts of lasciviousness against Famularcano’s wife.
1
8. Lower court convicted him of frustrated acts of lasciviousness, with the
aggravating circumstance of nocturnity. He was sentenced to 4 months and 1
day of arresto mayor.
2
o Albeit the act executed by the appellant might constitute
unjust vexation, if it also falls within the purview of Art 336 of
the RPC, there would be no reason why appellant should not
be convicted for the more serious offense of acts of
lasciviousness.
- Lower court erred in considering the aggravating circumstance of
nocturnity – no evidence that appellant purposely sought the cover of night
to facilitate the commission of the offense.
- Alleged grievance that appellant felt for the acts of complainant’s father
may have produced a state of mind and a sentiment equivalent and similar
to passion and obfuscation.
DISPOSITIVE PORTION
Accused is found GUILTY of consummated acts of lasciviousness, with the
mitigating circumstance of par 10 of art 13, similar and analogous to the
mitigating circumstances comprised in par 6 (passion and obfuscation) and par 7
(voluntary confession). Accused is sentenced to 6 months and 1 day of prision
correccional.
DOCTRINE
There is no crime of frustrated acts of lasciviousness.