Title
People vs. Bacalso
Case
G.R. No. 94531-32
Decision Date
Jun 22, 1992
Accused-appellant forcibly abducted and raped Vicky, threatening her mother with a bolo. Despite claims of a consensual relationship, testimonies and evidence led to his conviction for forcible abduction with rape and separate rape counts, affirmed by the Supreme Court.
rape
abduction
forcible abduction
A

Case Digest (G.R. No. 94531-32)

Facts:

  • Charges and informations
  • Accused-appellant Nemesio Bacalso was charged before the Regional Trial Court of Bohol (Tagbilaran) with two counts of rape in two separate informations.
  • Criminal Case No. 5880 alleged that on or about February 19, 1989, at Barangay Montesuerte, Municipality of Carmen, Province of Bohol, accused-appellant, then armed with a bolo, entered the victim’s house by fraudulently representing himself to be a military officer; once inside, he forcibly carried the victim, Bernalda Bautista (also called Vicky), and brought her to a nearby farm hut owned by Yulie Sipsip; by force and intimidation (pointing a bolo), accused-appellant had sexual intercourse with her against her will and consent.
  • The information in Criminal Case No. 5880 alleged acts contrary to Article 335 of the Revised Penal Code, as amended by RA Nos. 2632 and 4111, in relation to Article 14 Nos. 14 and 15, with aggravating circumstances of craft and fraud employed and taking advantage of superior strength.
  • Criminal Case No. 5881 alleged that on or about the same date and place, armed with a bolo, accused-appellant entered the house by fraudulently representing himself to be a military officer; he forcibly carried Vicky and brought her to a nearby cassava plantation; by force and intimidation (pointing a bolo), he had sexual intercourse with her against her will and consent.
  • The information in Criminal Case No. 5881 also alleged acts contrary to Article 335 of the Revised Penal Code, as amended by RA Nos. 2632 and 4111, in relation to Article 14 Nos. 14 and 15, with aggravating circumstances of craft and fraud and superior strength.
  • Prosecution evidence regarding abduction and rapes
  • At about ten o’clock in the evening of February 19, 1989, accused-appellant forcibly tried to enter the complainant’s house where she lived with her mother, Mrs. Concepcion Qui.
  • Accused-appellant cut the nylon rope on the door that served as its lock.
  • The dogs barked; Mrs. Qui woke up and prevented accused-appellant from going upstairs, but her efforts proved futile.
  • Accused-appellant threatened Mrs. Qui with a bolo; the tip of the bolo even hit her forehead.
  • Accused-appellant succeeded in going upstairs to the room where Vicky was staying with her seven-month-old son.
  • Accused-appellant dragged Vicky out of the house and brought her to a cassava plantation, where he succeeded in having sexual intercourse with her two times, with an interval of one minute.
  • From the cassava plantation, accused-appellant brought Vicky to the house of Feliciano Seguerra.
  • Accused-appellant requested Seguerra’s permission for both of them to pass the night there.
  • Accused-appellant borrowed a dress from Seguerra’s wife for Vicky because her clothes were muddy and drenched due to heavy rain.
  • Seguerra testified that accused-appellant told him they had sexual intercourse in the cassava plantation.
  • Vicky secretly told Seguerra that accused-appellant kidnapped her.
  • Seguerra advised Vicky to keep silent and to follow the accused, because Seguerra and others would follow them later to rescue her.
  • Soon after, accused-appellant and Vicky went down from Seguerra’s house and proceeded to a hut owned by Yulie Sipsip.
  • There, accused-appellant again succeeded in having sexual intercourse with Vicky.
  • Testimony of complainant’s mother and the search and rescue
  • Mrs. Concepcion Qui testified that immediately after accused-appellant succeeded in dragging her daughter from their house, she sought assistance from her neighbors.
  • Mrs. Qui requested her neighbor Delfin Betinol to inform the barangay captain, Bonifacio Lafranco.
  • Lafranco formed a search team that passed by Seguerra’s house.
  • The team proceeded to the nipa hut owned by Yulie Sipsip.
  • There, they found accused-appellant naked, holding the bolo in one hand and Vicky in the other.
  • The barangay captain announced their presence.
  • Seguerra commanded Vicky to get away from accused-appellant.
  • Accused-appellant tried to resist but later pleaded to dress up first, and he then surrendered.
  • Complainant’s testimony on resistance and fear
  • Vicky testified that she struggled against accused-appellant but could not escape because accused-appellant threatened her with the bolo he was carrying.
  • Vicky did not shout because the rain was heavy and the sound of rain falling on the roof was loud.
  • Defense evidence
  • Accused-appellant testified solely for his defense.
  • He claimed he and Vicky were sweethearts.
  • He asserted that Vicky later gave him a panty with the name “Vicky” embroidered in it and a handkerchief, which he presented as exhibits.
  • He claimed that on the night of February 19, 1988 (as stated in his testimony), Vicky invited him for dinner as advance celebration of her child’s birthday.
  • Vicky’s mother, sister, and brother reportedly shared dinner with them.
  • Accused-appellant asserted they conversed for about half an hour.
  • He claimed that because of heavy rain, Vicky told him to stay and sleep in the sala.
  • He claimed Vicky later transferred to his location and told him she would come to him when everyone went to sleep.
  • He claimed they slept together that night.
  • He stated that when Vicky’s mother learned about it, Vicky’s mother kicked Vicky.
  • He testified that he went downstairs and Vicky followed him.
  • He asserted that Vicky decided to go with him when her mother drove her away.
  • Trial court disposition
  • After trial, the trial court convicted accused-appellant of the complex crime of forcible abduction with rape.
  • The trial court imposed the penalty of reclusion perpetua.
  • The trial court ordered payment of PHP 20,000.00 as moral damages to the victim, plus costs of proceedings and reasonable actual expenses of PHP 2,000.00.
  • The dispositive portion of the trial court’s decision declared accused-appellant guilty beyond reasonable doubt and imposed the penalty and damages stated.
  • Appellate claims
  • Accused-appellant appealed and raised two assignments of error:
1) The trial court erred in giving weight to alleged improbable and conflicting testimonies of the private complainant and her mother. 2) The trial court erred in failing to acquit on the ground of reasonable doubt.
  • Supreme Court findings on credibility and alleged inconsistencies
  • The Court found no reason to reverse because the trial court relied mainly on the testimonies of the complainant, her mother, and Feliciano Seguerra, and the trial court had the opportunity to observe demeanor.
  • The Court rejected the defense theory that accused-appellant and the victim were sweethearts, characterizing it as a fabrication not corroborated by any one in the community and supported only by accused-appellant’s self-serving testimony.
  • The Court agreed with the trial court’s assessment of the prosecution evidence as follows:
1) Seguerra’s testimony that accused-appellant and Vicky arrived at his house and accused-appellant requested permission for them to pass the night; later Vicky secretly told Seguerra she was kidnapped and raped; Seguerra advised her to keep silent and follow the captor and promised she would be rescued. 2) Barangay captain’s testimony that upon learning of Vicky’s abduction, they formed a search and rescue team, proceeded to Seguerra’s house, and then to the nipa hut owned by Yulie Sipsip where they found accused-appellant and the complainant. 3) Mrs. Qui’s testimony that accused-appellant threatened her while she struggled to prevent him from taking h...(Subscriber-Only)
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