PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BERTO BANTISIL and JOHN DOE, accused. BERTO BANTISIL, accused-appellant.
FACTS
On April 23, 1988, 17-year-old Jocelyn Congson was walking home with her mother and cousin in Mandaue City when they were waylaid by two men, including appellant Berto Bantisil. Bantisil poked a knife at Jocelyn’s neck, dragged her to a secluded grassy area and a hut, and had forcible sexual intercourse with her three times. He later identified himself to her by name. Jocelyn reported the incident, and a medical examination confirmed recent sexual intercourse. Bantisil was arrested three years later. At trial, the prosecution presented Jocelyn, her mother, and the medico-legal officer.
The defense presented a “peeping tom” witness and Bantisil himself, who claimed he and Jocelyn were lovers and that their sexual encounters that night were consensual. He alleged Jocelyn’s mother disapproved of their relationship, which explained the abduction narrative. The trial court convicted Bantisil of forcible abduction with rape, sentencing him to reclusion perpetua and ordering him to pay civil indemnity.
ISSUE
Whether the trial court erred in convicting the appellant of forcible abduction with rape, rejecting his defense of a consensual romantic relationship.
RULING
The Supreme Court affirmed the conviction. The trial court’s assessment of the witnesses’ credibility is accorded great weight and respect. Jocelyn’s detailed, candid, and consistent testimony on the abduction and rape, corroborated by her mother’s account and the medical findings, was found credible and sufficient to prove guilt beyond reasonable doubt. The Court found the defense of a sweetheart relationship implausible and contrived. Bantisil’s conduct-disappearing immediately after the incident, changing residences for three years without contacting Jocelyn, and his vulgar recounting of the sexual acts-negated any claim of a romantic bond and instead indicated a guilty conscience. Flight is a strong indication of guilt. The defense witness’s testimony was deemed unreliable. The prosecution successfully established all elements of the crime: the forcible taking of Jocelyn with lewd design and subsequent carnal knowledge through force and intimidation.
