People vs Bardaje

PEOPLE VS. BARDAJE G.R. No. L-29271 August 29, 1980

Facts

Marcelina Cuizon, a 14 year old girl, filed a complaint against Adelino Bardaje and five others in Samar, accusing them of the crime of rape. he incident happened from !ecem"er 14 to !ecem"er 1#. Adelino $as arrested on !ecem"er 1# and signed an alleged confession admitting that he %idnapped and molested Marcelina. he fiscal fiscal filed filed an inform informati ation on accus accusing ing Adeli Adelino no and others others the crime crime of &ape &ape $ith $ith 'lleg 'llegal al !eten !etentio tion. n. Befor Beforee arraignment, the information $as amended to include that Marcelina $as deprived of li"erty for three days. After the trial, Adelino Adelino $as found guilty of (orci"le A"duction $ith &ape $ith the aggravating circumstances of d$elling and aid of armed men. Adelino)s version is that they are s$eethearts $ho eloped as planned during the said period. *e admitted having carnal %no$ledge of her "ut denied that he raped her. +n the morning of !ecem"er 1# th, t$o soldiers accompanied "y Marcelina)s father, apprehended him, physically a"used him, and made him sign a document  an e-trajudicial confession, implicating implicating  other persons even though it)s not true. Also, the medical certificate of Marcelina $as presented in court as evidence stating that there $ere no evidence of e-ternal injuries on the vulva or any part of the "ody and the presence of old lacerations.

!ssu"

/0 Adelino Bardaje) Bardaje)ss guilt $as sufficiently esta"lished "eyond reasona"le dou"t "ased on the testimonial and documentary evidence presented. Ru#$%g

 o, Adelino Bardaje)s guilt $as not esta"lished "eyond reasona"le dou"t. he court found Marcelina)s Marcelina)s charge highly du"ious and inherently impro"a"le. he medical findings sho$ed that 2no evidence of e-ternal injuries $as found around the vulva or any part of the "ody2 of Marcelina, $hich the court finds strange "ecause she $as allegedly 2dragged2 slapped2 into unconsciousness, 2$restled2 2$restled2 $ith, and criminally a"used. 3hysical evidence is of the highest order and spea%s more elouently than $itnesses put together. he 5old healed laceration6 in the hymen, according to the testimony of the  physician, $ould have occurred t$o $ee%s or even 1 month "efore. his sho$s that Marcelina and Adelino had amorous relationship. Marcelina)s admission that she $as ta%en to a small oneroom hut shared $ith a $oman and t$o children and $here she $as ravished seems to "e highly impro"a"le. he same is true for the second hut $here she $as  "rought to.