The defendant was charged in the Court of First Instance of Iloilo with the crime of abduction  alleged to have been committed as follows:

"That on  or about July 17, 1925, in the municipality of Tigbauan, Province of Iloilo, Philippine Islands, the above-named  accused  did intentionally,  maliciously  and criminally, and with lewd designs, abduct Magdalena Kahipe, a maiden over 12 but under  18 years of  age, and take her to the municipality of Pavia  where the defendant had carnal knowledge with  her.

"Contrary to law."

He plead  not guilty,  and as a result  of the trial  was convicted and sentenced to fourteen years, eight  months  and one  day of reclusion  temporal,  to   endow the  offended party in the sum of P500, with the accessory  penalties, to recognize the offspring, if  any, and to  pay the  costs.

On appeal, he contends that the lower court erred in sentencing him under the provisions of article 445  of the Penal Code,  and that he should  have been sentenced  under article 446, or to one year, eight months and twenty-one days of prision correccional.

JOHNS, J.:

The Attorney-General admits that this point is well taken. It will be noted that the information alleges that the maiden is over 12 but under 18 years of age, and that it does not allege that the  abduction  was made or  that the carnal knowledge was  had without  her consent.  Without such an  allegation,  where the information alleges that the girl is over  12 but under 18 years  of  age, it must  legally be assumed that both the abduction and the  carnal knowledge were with her consent.

Following the recommendation of the Attorney-General, the sentence of the lower court will  be modified and reduced to one year, eight months  and twenty-one days  of  prision correctional, and in all other respects affirmed, with costs. So ordered.

Avanceña, C. J., Johnson, Street, Malcolm, Villamor, Ostrand, Romualdez, and Villa-Real, JJ., concur.