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People Vs Baldino

The defendant, Muller Baldino, was accused of raping his 13-year-old niece, Abrelinda Silam, on two occasions - once in 1997 and again in March 1998. Abrelinda testified that Baldino grabbed her hands and raped her while she was sleeping at his house, where she had been asked to stay to care for his children. Medical evidence supported multiple incidents of sexual assault. Baldino denied the allegations. However, the court found Abrelinda's testimony credible, noting her prompt reporting of the rape and lack of motive to fabricate the story. The court concluded Baldino was guilty beyond a reasonable doubt of raping his minor niece.

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109 views2 pages

People Vs Baldino

The defendant, Muller Baldino, was accused of raping his 13-year-old niece, Abrelinda Silam, on two occasions - once in 1997 and again in March 1998. Abrelinda testified that Baldino grabbed her hands and raped her while she was sleeping at his house, where she had been asked to stay to care for his children. Medical evidence supported multiple incidents of sexual assault. Baldino denied the allegations. However, the court found Abrelinda's testimony credible, noting her prompt reporting of the rape and lack of motive to fabricate the story. The court concluded Baldino was guilty beyond a reasonable doubt of raping his minor niece.

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Athina Maricar Cabase
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PEOPLE OF THE PHILIPPINES v.

MULLER BALDINO
G.R. No. 137269. October 13, 2000
The complainant Abrelinda Silam was thirteen years old when the incident happened. The accused is her
brother-in-law, being the husband of her elder sister Judith. Abrelinda was staying with another sister
Marcelet Silam-Danglosen at the latter’s house in Irisan, Baguio City. The house of the accused also in
Irisan was 50 to 60 meters away.
On March 4, 1998 Abrelinda left the house of Marcelet and went to the house of accused and Judith nearby.
She was requested by her sister Judith to spend the night thereat to take care of the children of Judith while
the latter is in Buguias, Benguet. At that time Judith and accused had 3 children. While Abrelinda was
sleeping, the accused suddenly grabbed her hands by the wrists and raped her. She felt pain. After he
satisfied his lust, he threatened her not to tell her sister what he did otherwise he will get angry. Then he
moved away and slept.
Immediately Abrelinda left and returned to the house of Marcelet. Crying, she reported to Marcelet and the
husband that the accused raped her or had sexual intercourse with her against her will. She told them she
will sue the accused. It appears that this was the second time accused raped Abrelinda. The first happened
sometime 1997 in their hometown in Buguias. She went home to Buguias, Benguet to report to her father
where she filed her complaint of rape against the accused on March 11, 1998 assisted by her father Teligo
Silam on the first incident. Then she came back to Baguio to file her complaint on the incident that happened
in Baguio.
On March 13, 1998, Abrelinda went to the NBI, Baguio where she was examined by Dr. Ronald Bandonill
who submitted a report. Dr. Bandonill explained that the old-healed hymenal lacerations could have been
inflicted more than three (3) months previous to the examination on the person of Abrelinda on March 13,
1998. He added that once the hymen is lacerated, it will not be lacerated again or there will be no new
lacerations even if there is another sexual contact. This is consistent with the declaration of Abrelinda that
there were two incidents of rape; one in Buguias, sometime 1997 and the second on March 4, 1998 in
Irisan, Baguio as the first incident happened more than 3 months before examination.
The accused denied the charge and claims that the accusation was fabricated. He testified that on the day
in question, he slept together with his wife, who had returned from a visit to her parents in Buguias, Benguet,
the day before.
During the period from February 20 to March 3, 1998, when his wife was in Buguias, he personally took
care of the needs of the two children left with him and brought the children to his place of work at Irisan,
where he was assigned as security guard.
He insisted that neither he nor his wife requested Abrelinda to take care of the children while his wife was
in Buguias and that while Abrelinda went to their house about four times during his wife’s absence, it was
only for the purpose of getting rice and other things after which she immediately left.
Issue:
Whether or not the court below erred in finding the accused guilty of the crime of rape of Abrelinda.
Ruling:
The court found the accused liable as charged for the following reason:

 First, the accused had carnal knowledge of Abrelinda.


 Second, the carnal knowledge was consummated by means of force and against her will. Abrelinda
did not freely and willingly submit to the carnal act. There was force used on her. True, the accused
was not armed at the time. But, his size, weight and strength were enough for him to attain his evil
design. At a tender age of 13, Abrelinda was no match to the size and strength of accused.

‘
 Third, the fact that the Medico-Legal Report shows that there were no extragenital physical injuries
noted on the body of Abrelinda at the time she was examined does not negate her claim of rape.
Neither does it mean lack of resistance on her part.

 Fourth, after the sexual act, Abrelinda returned that same night to the house of her sister Marcelet
crying and disclosed what happened and will would sue him. If the sexual intercourse was with her
consent, Abrelinda would have kept it to herself especially so that the accused is married to her
older sister Judith.

 Fifth, it is unnatural and highly improbable that a simple and innocent 13 year old barrio girl like
Abrelinda would fabricate matters about the cruel acts committed on her person by the accused
knowing fully well the seriousness and consequences of her charges.

 Sixth, she was candid, natural and straightforward in her answers without any intention to evade or
conceive.

 Seventh, the claim of the accused that the charges against him were fabricated was of no merit
because the accused cannot point to any dark or sinister motive that Abrelinda may have in filing
the instant case.

 Ninth. it is hard to believe that accused can baby sit his children Jomar and Janice, ages 5 and 3
respectively while doing his work at the same time. His claim that he brought them to his work
where electric transformers and installations are being guarded by him, a dangerous place
ordinarily is not plausible and credible.

Judgment is hereby rendered finding the accused Muller Baldino Guilty beyond reasonable doubt of
the crime of rape, defined and penalized under Section 2 of Rep. Act 8353, as charged in the Information,
with the aggravating qualifying circumstance of the victim, Abrelinda Silam, being a 13 year old minor and
the offender Muller Baldino, being her brother-in-law and relative by affinity within the third civil degree.

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