Case Digest (G.R. No. 129054)
Facts:
People of the Philippines v. Alex Bartolome, G.R. No. 129054, September 29, 1998, the Supreme Court En Banc, Per Curiam. The plaintiff-appellee is the People of the Philippines; the accused-appellant is Alex Bartolome; the private complainant and victim is Elena Bartolome (his daughter).
On March 13, 1995 a complaint charging rape under Article 335 of the Revised Penal Code was filed alleging that on or about March 9, 1995 appellant, who was the victim's father, forcibly had carnal knowledge of his daughter, then aged 16. Appellant pleaded not guilty at arraignment on April 5, 1995, and the case went to trial before Branch 19 of the Regional Trial Court (RTC), Cagayan de Oro City. At trial the victim testified to repeated sexual assaults by her father beginning in November 1993, including intercourse during her pregnancy and after she gave birth on January 23, 1994, and described threats and physical beatings that kept her from reporting the assaults earlier. Appellant admitted sexual intercourse but maintained the acts were consensual and that he and Elena lived as husband and wife.
On January 16, 1997 the RTC rendered judgment finding appellant guilty beyond reasonable doubt of rape of his daughter and imposed the death penalty; the trial court ordered indemnity of P50,000.00 and remand to the National Penitentiary. Because the death penalty was imposed, the convicti...(Pro-only)
Issues:
- Did the trial court err in finding that appellant raped his daughter given the asserted absence of force, the victim's delay in reporting, and appellant's claim of consensual intercourse?
- Was the imposition of the death penalty and the civil damages in the judgment proper under Article 335 of the Revised Penal Code as amended by Republic Act No. 7659, and should the award of c...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)