PEOPLE v.

BARRANCO
August 31, 1989
Rape

- Rosario Barranco is a 19-year old girl, eldest of seven children. Bartolome Barranco, married
and father of five, is the 2nd cousin of Rosario’s father. They live 100 meters from each other.
- (Feb 10, 1980)
One day, while Rosario was home alone sleeping, she woke up feeling something heavy on
top of her. She saw it was a naked Bartolome. Bartolome directed a butchers’ knife at her
throat and warned her to stay still. Bartolome ordered her to open her legs. She refused at
first, but due to fear, she eventually succumbed. Bartolome proceeded to rape her.
- (March 19, 1980)
While Rosario was preparing food alone in her house, Bartolome suddenly ...”sinakmal ng
buhat sa likod”… to rape her again. Rosario grabbed a piece of wood and hit Bartolome in
the head. Bartolome dropped her. Rosario warned that she will shout and call for help if
Bartolome does not leave her. Bartolome hurriedly left the scene.
- The next day, Rosario confessed to her mother about everything that had happened. They
reported to the authorities. She underwent medical check-ups. When she took a pregnancy
test, it was found out that she was with child.
- The lower court found Bartolome guilty and also directed him to recognize the child as his.

ISSUE | W/N Bartolome is guilty of rape - YES

1. W/N the testimony of the victim is reliable - Yes

Ang kasalanang panggagahasa ay totoong mahirap patunayan sapagkat ang karaniwang

nakakaalam lamang nito ay ang pinagsamantalahan at ang nagsamantala. Samakatuwid, hindi
maaasahan na mayroon pang ibang makapagpapahayag ng pangyayari. Hindi pangkaraniwan
na ang salang ito ay nagaganap na may saksi. Sa ganitong dahilan ang hukuman ay umaasa sa
katapatan ng pahayag ng nagsusumbong at tinitimbang ito laban sa pagtanggi o
pagpapasinungaling ng inuusig.

2. W/N the testimony of the victim is void for its inconsistencies – No

The victim could not have been expected to remember all the specific details of her rape.
Furthermore, these are minor errors which are not sufficient to overturn the testimony’s
credibility.

3. W/N sweetheart theory is credible – No

 (Defendant said they made love willingly and had been having intercourse even before the
said rape)
The medical check-up proved that it was the first time Rosario had had sexual intercourse.

DECISION | Guilty for rape. No modifications to RTC decision, except that Bartolome should
not be directed to recognize the child as his own, because he already has a wife. However, he is
expected to support the child as the law provides.

Other issues:
 Defendant’s wife testified that it was Rosario who seduced Bartolome – No. Rosario was not
an immoral woman.
 Na ang nasasakdal ay naglulubid lamang ng buhangin ay napansin din ng mababang
hukuman samantalang siya ay nagpapahayag dito. Nang sinasabi niyang sila ng nagsasakdal ay
mayroong kaugnayan, napansin ng hukom na matagal at atubili siya sa pagsagot sa mga
tanong. Nang usisain ng hukom kung bakit hindi siya agad makapagsalita ang sagot niya ay
siya ay natatakot, subalit hindi niya masabi kung ano ang kaniyang kinatatakutan. 3
Maliwanag na ang kinatatakutan niya ay ang malaking kasinungalingan na hinahabi niya
upang makaligtas siya sa kaniyang mabigat na sala.
 Ipinagdidiinan ng nasasakdal na ang sumbong laban sa kanya ay pagbabangong-puri lamang
ng nagsasakdal sa dahilang ito ay nagdadalang-tao. Bakit kinakailangan pang ipaghayagan ang
kapalaran ng nagsasakdal sa hukuman kung hindi ito ang katotohanan?