GR 34954; (February, 1981) (Digest)
G.R. No. L-34954 February 20, 1981
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. OPERIANO OPEÑA, accused-appellant.
FACTS
The accused-appellant, Operiano Opeña, was convicted by the Court of First Instance of Palawan for the crime of rape and sentenced to death. The information alleged that on May 1, 1968, in Aborlan, Palawan, Opeña, armed with a drawn knife and by means of force and intimidation, had carnal knowledge of his 15-year-old stepdaughter, Ansonia Madarcos, against her will. The trial court found that the rape was committed thrice on the same night within the family’s one-room hut. The prosecution evidence established that Opeña, an ex-convict, used a knife to threaten Ansonia and her mother, Maura Hiponia, who was present but helpless. The following day, after the victims reported the incident, Opeña killed Ansonia’s brother, Noni Madarcos, for which he was separately convicted of homicide.
ISSUE
The core issue is whether the trial court correctly convicted Opeña of rape and properly appreciated the aggravating circumstances to justify the imposition of the death penalty.
RULING
The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua. The Court upheld the trial court’s findings on the credibility of the witnesses, dismissing Opeña’s claims of inconsistencies as relating to minor details that did not undermine the core narrative of the rape. The Court also rejected the argument that the use of a knife was not proven, noting that the presentation of the same knife in both the rape and homicide cases did not disprove its use in the rape. Furthermore, the Court found the claim of a common-law relationship unmeritorious, applying the presumption of marriage under the Rules of Court due to Opeña and Maura’s long-standing public cohabitation and his own testimony acknowledging the marital and step-parent relationship. However, for lack of the required number of votes to impose the death penalty, the Court reduced the sentence to reclusion perpetua. A separate opinion expressed doubt regarding the conclusive proof of the use of a deadly weapon, warranting the lesser penalty.