We go to abduction. We have two kinds of abduction under Art.

342 Forcible
abduction (FA). Under Art. 343, we have consented abduction (CA).

FA is the taking away or the carrying away of a woman against her will and with
lewd design. The woman may be of any age; the woman may be virgin or not.

In FA, CK is not an element. Unlike in seduction whether QS or SS, CK is an
element but in abduction whether FA or CA, CK is not an element. Therefore,
when in the course of FA, the victim had been raped, there was CK against the will
of the said victim or woman, it will give rise to the crime of rape.

Q: So what if A is a turned down suitor of B. A abducted B; against the will of B
with lewd design. So A placed B inside his hideout and he told B that he will not
let her go unless she marries him. B told A that she will never marry him. A held B
in captivity for 7 days; on the 2
nd
up until the 7
th
day, A raped B once a day. What
crime or crimes is/are committed by A?

A: A is liable for six crimes. One is FA with rape and then 5 separate and distinct
counts of rape. There is FA because the original intent was to abduct the woman
and force her to marry him. So the said taking was done with lust and against the
will of the said woman and with lewd design. In this case, the FA is a necessary
means to commit the act of rape. Thus, FA with rape. The other rapes done are
charges separately.