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PEOPLE vs. Operiano Opena

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. OPERIANO OPENA, accused-appellant.

G.R. No. L-34954 | 1981-02-20

D E C I S I O N


ABAD SANTOS, J.:

In a decision dated March 8, 1971, the Court of First Instance of Palawan rendered judgment in Criminal Case No. 3953 as follows:

"In view of all the foregoing, the Court finds the accused Operiano Opeña guilty beyond reasonable doubt of the crime of rape. Article 335 of the Revised Penal Code provides for the penalty of from reclusion perpetua to death in cases of rape committed with the use of a deadly weapon or when the same was committed by two or more persons. There is no mitigating circumstance attendant to the crime so that much to the desire of this Court to impose the minimum penalty prescribed by...