People vs.

Bardaje
99 SCRA 388 (1980)
Real and Demonstrative Evidence

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 may have been caused by possible 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 or not the guilt of Bardaje was established 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.