G.R. No. L-29271 August 29, 1980
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ADELINO BARDAJE, defendant-appellant.

FACTS

The case originated from a complaint for Rape filed by Marcelina Cuizon against Adelino Bardaje and five others. The complaint alleged that from December 14 to 17, 1965, in Barrio Lopig, Sta. Rita, Samar, the accused conspired to drag Marcelina from a house and bring her to a faraway place, where Bardaje had forcible sexual intercourse with her multiple times while his co-accused stood guard. The Assistant Provincial Fiscal subsequently filed an Information, amending the charge to “Rape with Illegal Detention,” adding details such as the accused being armed with bolos and the presence of aggravating circumstances. Of the six accused, only Bardaje was arrested and stood trial. After trial, the court convicted Bardaje of Forcible Abduction with Rape, sentencing him to death, leading to this automatic review.
The prosecution’s evidence showed that on the evening of December 14, 1965, Bardaje and his companions forcibly took the 14-year-old Marcelina from her aunt’s house. She was detained in a mountain hut for several days. Bardaje presented an alibi, claiming he was in Tacloban City during the incident, and argued his extrajudicial confession was coerced. The medical examination revealed Marcelina was no longer a virgin, and no external injuries were found. The defense highlighted inconsistencies in the prosecution’s narrative regarding the duration of detention and the specific location of the crime.

ISSUE

Whether the accused, Adelino Bardaje, is guilty beyond reasonable doubt of the complex crime of Forcible Abduction with Rape, or any other crime, based on the evidence presented.

RULING

The Supreme Court modified the trial court’s decision. It found that the prosecution failed to prove the commission of rape beyond reasonable doubt due to the medical finding that the victim was not a virgin, the absence of physical injuries, and the weakness of the evidence corroborating the alleged sexual acts. However, the Court held that the crime of Kidnapping and Serious Illegal Detention under Article 267 of the Revised Penal Code was conclusively established. The elements of forcibly taking and detaining a minor female against her will were proven by the credible testimony of the victim regarding her abduction and confinement. The alibi of the accused was weak and uncorroborated. The Information, although initially captioned as “Rape with Illegal Detention,” sufficiently alleged facts constitutive of kidnapping. The Court emphasized that the kidnapping of a minor is a grave offense. Consequently, Bardaje was found guilty of Kidnapping and Serious Illegal Detention and sentenced to reclusion perpetua, with an order to pay indemnity. The death penalty was thus set aside.