Case Digest (G.R. No. 134685)
Facts:
In People v. Bardaje, G.R. No. L-29271, decided August 29, 1980 by the Supreme Court sitting En Banc, Adelino Bardaje was the sole trial defendant accused of Forcible Abduction with Rape and sentenced to death by the Court of First Instance of Samar. On December 20, 1965, fourteen-year-old Marcelina Cuizon filed a sworn complaint against Bardaje and five companions for rape, alleging they “with lewd design, by means of force and intimidation, and at nighttime” dragged her from her aunt’s house in Barrio Lopig (later called Crossing), Sta. Rita, Samar, and that Bardaje had sexual intercourse with her while his co-accused stood guard. Bardaje was arrested on December 17 and signed an extrajudicial confession on December 20 admitting kidnapping and molesting Marcelina. The next day the Fiscal filed an Information charging Bardaje and the five with Rape with Illegal Detention, adding that they were “armed with bolos” and that the offense was aggravated by its commission in an uninhaCase Digest (G.R. No. 134685)
Facts:
- Parties and Procedural History
- Complainant Marcelina Cuizon (14-year-old beautician) filed a sworn complaint on December 20, 1965 in the CFI of Samar charging Adelino Bardaje and five co-accused with rape by forcible abduction.
- Assistant Provincial Fiscal filed an Information on December 21, 1965, alleging “Rape with Illegal Detention,” amending barrio name, adding armed men, aggravating circumstances, and detention for three days.
- Only Bardaje was arrested (December 17); the five others evaded arrest.
- Evidence Presented at Trial
- Complainant’s testimony
- December 14 evening: Bardaje and five armed men entered aunt’s house, broke lamp, dragged Marcelina and her mother out.
- Marcelina forcibly taken to two remote huts; Bardaje alone raped her twice despite her resistance.
- On December 17 morning, soldiers and her father rescued her.
- Medical examination (December 20, 1965)
- No external injuries found; hymenal rifts healed (two weeks to one month old).
- Vaginal smear negative for spermatozoa.
- Extrajudicial “confession” (Exh. C) signed by Bardaje naming six abductors.
- Defense evidence
- Bardaje’s testimony: elopement with Marcelina as sweethearts (November 1964 onward); voluntary stay in relative’s hut; coerced confession.
- Ceferino Armada’s testimony: couple lived as consenting sweethearts, Marcelina curled his daughter’s hair voluntarily.
Issues:
- Whether the prosecution proved beyond reasonable doubt the elements of rape, forcible abduction, or illegal detention.
- Whether the extrajudicial confession is admissible absent independent proof of corpus delicti and free execution.
- Whether Bardaje’s rights were violated by (a) lack of notice of the precise charge (designation discrepancy) and (b) denial of compulsory process to secure defense witnesses.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)