Monday, March 05, 2012

U.S. vs. Bailoses

Facts: Defendant, the president of the pueblo, sent several policemen to the house of Saturnina Emiterio in order to arrest her, as Saturnina owed defendant one peso. The police brought her to defendant’s house, where she was beaten with a stick and compelled to take off all her clothes and dance before defendant and many others as “punishment.” Defendant is charged with abusos deshonestos or acts of lasciviousness, but claims in his defense that his actions were not prompted by libidinous desires but by the desire of punishing Saturnina for non-payment. 

Issue: Whether or not acts of lasciviousness may only be committed from libidinous motives. 

Held: Not determined. The facts of the case do not require a discussion of the motive behind acts of lasciviousness. In the case at bar, it is difficult to believe that no lasciviousness attended the actions of the defendant, especially given the manner in which he chose to exact his retribution. 

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