Sometime in the late 1950s, Percival Gilo was indicted for the crime of Acts of Lasciviousness. Trial proceeded but after the prosecution rested its case, Gilo moved for the dismissal of the case on the ground that the Information filed against him did not include any allegation that he acted with lewd design.
ISSUE: Whether or not the case should be dismissed.
HELD: Yes. Considering that in order that a crime constituting acts of lasciviousness may be committed it is necessary that it be alleged that it was committed with lewd design, the latter being an indispensable element of all crimes against chastity, such as abduction, seduction and rape, including acts of lasciviousness, the complaint copied above cannot really be considered as charging a crime of acts of lasciviousness because of the absence of such element, even if the complaint is labelled as “Acts of Lasciviousness.”
Is an allegation that the accused committed the act “feloniously and criminally” sufficient to cure the lack of allegation of lewd design?
No. The words “feloniously and criminally” that are alleged in the complaint are mere general terms which denote the criminal intent of the accused but which do not necessarily connote the idea of lust needed in the commission of the act.
