People v. Bares
REITERATIONFacts
The Antecedents: Maribel Bares, daughter of accused Reynaldo Bares, lived with him in Barangay Dalas, Labo, Camarines Norte after her mother left for Manila; she had run away with boyfriend Artemio Bola, become 8 months pregnant, and was fetched back by accused on September 8, 1995. Around 1:00 AM on September 9, 1995 (testified as September 8), accused tied her hands and feet, removed her panty, and raped her three times despite her advanced pregnancy causing pain in shoulder, pelvis, and vagina. On October 20, 1995, accused kicked her for not removing panty and raped her; repeated on October 21 (tying her) and October 22, 1995, when she was 9 months pregnant; house was empty as mother and sister were in Manila. On October 23, 1995, Maribel confided in aunt Nenita Bares, who accompanied her to police in Daet for statement and medical exam at Camarines Norte Provincial Hospital showing multiple hymenal lacerations, 2-finger admissibility, and 9-month pregnancy (not from these rapes). Dr. Abas confirmed repeated intercourse possible even at 8-9 months pregnancy. Procedural History: Four informations filed for rapes on Sept. 8 (thrice alleged), Oct. 20, 21, 22, 1995 alleging force/intimidation on 15-year-old daughter; accused arraigned June 3, 1996, pleaded not guilty; joint trial with prosecution witnesses Maribel, Nenita, Dr. Abas; defense: accused, son Reynaldo Jr., landlady Lydia Espina claiming alibi (work loading copra in Panganiban) and family grudge. RTC Branch 64, Labo, Camarines Norte convicted Jan. 28, 1999 of 4 counts qualified rape (death each), P50k moral + P30k exemplary damages per count; automatic review to SC. The Petition: Accused assigns errors: (1) Crediting Maribel/Nenita despite ill motive (grudge over maltreatment, land); (2) Medical findings flawed (pregnancy precludes, lacerations voluntary); (3) Death improper as minority unproven per People v. Javier doctrine; argues alibi corroborated, victim inconsistent on Sept. date, prior promiscuity.
Issue(s)
Whether accused's guilt was proven beyond reasonable doubt despite defenses of denial, alibi, and alleged inconsistencies/motive. Whether minority was proven to qualify rapes for death penalty. Whether information in Crim. Case 96-0079 charges/supports only one or three rapes.
Ruling
Decision affirmed with modifications: Guilty of SIX counts of rape (three from Sept. 9 under Case 96-0079 + one each Oct. 20,21,22); reclusion perpetua per count (no death, minority unproven); P50k civil indemnity + P50k moral + P30k exemplary damages per count.
Ratio Decidendi
On Issue 1 (Credibility, Denial/Alibi): Prosecution anchored on Maribel's direct, unequivocal testimony detailing tying, penetration thrice on Sept. 9 (pain despite pregnancy), kicking/force on Oct. 20-22; tears/sobs enhanced credibility, consistent on material points (force, identity, occasions). Minor date inconsistency (Sept. 8 vs. 9) immaterial as exact date not element; understandable disorientation post-awakening. Medical corroborates repeated penetration (lacerations, 2-finger ease); pregnancy irrelevant (rape possible at 8-9 months, per Dr. Abas); prior pregnancy/morality immaterial (rape against any woman). No grudge credible (no young daughter fabricates incest risking humiliation); cultural reverence for father weighs against false testimony. Denial weak, negative; alibi fails physical impossibility test (work nearby, return possible); biased witnesses (son admitted coached, landlady slept early). Trial court findings on demeanor binding absent overlooked facts (People v. Aloro, etc.). On Issue 2 (Minority/Death Penalty): Art. 335(1), RPC-RA 7659 requires BOTH minority (<18) AND relationship proven as crime itself; relationship admitted/proven, but no testimony/birth certificate on age despite '15-year-old' allegation; thus reclusion perpetua, not death (People v. Javier, Tundag). On Issue 3 (Multiple Counts): Case 96-0079 alleges initial rape + 'repeated two more times same morning'; testimony proves three; Rule 110 §13 bars multiple offenses unless single punishment, but no timely objection = waiver; convict/prosecute each proven (People v. Villamor, Ramon); total six counts.
Main Doctrine
The testimony of the rape victim alone is sufficient to sustain a conviction if it is credible, natural, convincing, and consistent with human nature, especially in incestuous rape where cultural norms make fabrication unlikely. Minor inconsistencies in dates or details do not impair credibility and may even enhance it by showing non-rehearsed testimony; exact date is not an element of rape. Defenses of denial and alibi from biased witnesses (e.g., relatives) cannot prevail over positive identification by the victim. For qualified rape imposing death under Art. 335, RPC (as amended), both minority (under 18) and relationship (parent-child) must be alleged and proven with equal certainty as the crime itself; mere allegation in information suffices for relationship but requires birth certificate or testimony for age. Where an information charges multiple rapes in one occasion without objection, accused waives duplicity under Rule 110, §13 and may be convicted of each proven count separately.