People vs.

Bardaje
99 SCRA 388 (1980)

FACTS:

The accused, Adelino Bardaje was convicted of

Forcible Abduction with Rape and sentenced to death. Thus,
the case is brought to the SC for automatic review.
The complainant Marcelina Cuizon claimed that she was
dragged by the accused together with five other persons
from the house of a certain Fernandez by means of force and
intimidation and at nighttime. Also, she narrated that
Bardaje slapped her rendering her unconscious and when
she regained consciousness in a hut, Bardaje was holding her hands
and removing her panties. Despite her struggle, Bardaje
succeeded in having sexual intercourse with her while his
companions kept guard.
When Cuizon underwent physical examination, the
doctor found that there were “old
healed lacerations” which mayhave been caused by pos
sible sexual intercourse or other factors, and if it were
intercourse, it could have occurred “two weeks or one month ago.
”During trial, Adelino admitted having had carnal knowledge
of the victim but denied having raped her. He claims that they
eloped as previously planned.
ISSUE:
Whether physical evidence may be considered as object
evidence to prove the guilt of accused beyond reasonable doubt
RULING:
No.Cuizon’s charge that she was forcibly abducted
and afterwards raped was highly dubious and inherently
improbable. According to the medical findings, “no
evidence of external injuries was found around the
vulva or any part of the body.” Considering that
complainant was allegedly “dragged,” “slapped” into
unconsciousness, “wrestled” with and criminally
abused. Physical evidence is of the highest order and speaks
more eloquently than all witness put together. The medical
findings of “old healed lacerations” in the hymen which
according to the testimony of the examining physician
would have occurred two weeks or even one
month before, if said lacerations had been caused by sexual
intercourse. This expert opinion bolsters the defense that
Bardaje and Cuizon had previous amorous relations at the
same time that it casts serious doubts on the charge of
intercourse by force and intimidation. It is impossible that
complainant could have been raped by the accused inside a
small room occupied by a woman and two children and in a small
hut where the owner, his wife and seven children are all
present. It is improbable that she could have been sexually
abused with so many within hearing and seeing distance. Under
the abovementioned circumstances, the Five Others who
stood guard outside while Adelino allegedly took advantage
of her. Would have taken turns in abusing her if rape
indeed happen. The fact that they did not do so,
implies a special relationship between Marcelino and
Adelino. This is a case where a young girl could not admit to her
parents that she had eloped and voluntarily submitted to sexual
intercourse. She was left with no choice but to charge Bardaje with
rape or incur the ire of her parents and social disrepute from a small
community.