Professional Documents
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02 People V Operana-1
02 People V Operana-1
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EN BANC.
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testimony.
Criminal Law Parricide The cold and heartless inaction of a
husband, as against the pitiful supplications of his aging mother
inlaw refusing to rush his dying wife to the hospital for possible
resuscitation, in the face of the anguished pleas of her motheris
contrary to human nature.It has always been said that criminal
cases are primarily about
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Preclaro vs. Sandiganbayan, 247 SCRA 454, 464 (1995) citing Section
2, Rule 133 of the Revised Rules on Evidence People vs. Ganguso, 250
SCRA 268, 275 (1995) People vs. Reoveros, 247 SCRA 628, 634 (1995).
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Rollo, p. 10.
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Exhibit G1C.
Rollo, p. 30.
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Rollo, p. 70.
Rollo, p. 71.
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Id.
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abrasions on the neck area not related to the hanging gives the
suicidal aspect a big question mark.
Dr. Tomas Cornel, physician and Asst. City Health Officer of
Dagupan City testified that on May 14, 1994, a member of the
PNP Dagupan City requested him to perform a postmortem
examination on the body of deceased Alicia Operaa. He
conducted the postmortem examination at the deceaseds house
at Carael Dist., Dagupan City, three (3) days after her death. He
ordered that the cadaver be removed from the coffin and placed on
a flat wooden bed. The deceaseds clothes were removed. When he
conducted the examination, the mother of the deceased, Rufina
Maminta and two members of the PNP, Dagupan City were
present while the husband, accused Rodolfo Operaa, Jr. was not
around. The result of the examination was all reflected in his
report (Exh. I), with the following findings:
External Findings
1. Ligature mark around the neck from the mastoid left and
right and anterior portion of the neck above the thyroid
cartilage.
2. Abrasion, parietal and frontal area, left.
3. Abrasion, shoulder, posterior aspect, left.
4. Abrasion, midscapular line, level of the 3rd thoracic
vertebra, left.
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(sic) only slight or it is also possible that they are (sic) deliberately
inflicted. Contusions & hematoma are (sic) most probably caused
by the impact with a blunt instrument or by fist blows or by
striking with a piece of wood. All the injuries in his findings might
have been inflicted most probably before the death of Alicia
Operana. The death might have been caused by asphyxia or the
obstruction of air passage due to hanging because of the ligature
mark from the mastoid left portion, just after the left cartilage. As
he conducted the postmortem 3 days after the body was
embalmed, he could not determine anymore whether the tongue
was protruding or not. The kind of injuries sustained by the
deceased were (sic) not possibly selfinflicted especially so that she
is a woman and the injuries were located on the different parts of
the body, scattered especially on the back part of the medial
aspect which might be possibly caused by pulling the victim
within (sic) upward or downward. It is highly improbable that
these 13 wounds were inflicted by the deceased if she hanged
herself.
When he conducted the postmortem examination, photographs
were taken and he identified those photographs.
Joselito Paragas testified that he had known Rufina Maminta
for a long time already. On May 11, 1994 at around 6:20 oclock in
the morning, he was asked by Rufina Maminta to go with her to
Carael District, Dagupan City, to help her bring her daughter,
Alicia, to a hospital for treatment. He and Rufina Maminta
proceeded to the house of Alicia Maminta Operana at Carael
Dist., Dagupan City. Upon arriving at the house of Alicia
Operaa, he saw the latter lying on the floor of the kitchen with
(her) face upward. He noticed that there was a contusion asireg
below the Adams apple of Alicia and tears were flowing from her
eyes and (he noticed) also the palpitation below her Adams apple.
The floor where whe(sic) was lying was covered by floor mat.
Accused Rodolfo Operaa told them that Alicia committed suicide
but he did not show them anything
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told her, she is my wife and dont lift her up. After that, they
proceeded to the NBI and requested that the case be investigated
and then proceeded to the police station in Dagupan City. SPO1
Coronel, together with other policeman (sic) went with them to
Carael Dist., Dagupan City. SPO1 Coronel conducted the
investigation, pictures of Alicia Operaa were taken. She also
asked the City Health Officer, Dr. Coronel (sic) to conduct the
postmortem examination on her daughter. She did not see the
electric cord (Exh. C) in the kitchen which her daughter allegedly
used in committing suicide.
In connection with the death of her daughter, she executed an
affidavit (Exhs. D and D1).
Servillano de Vera, a resident of Carael Dist., Dagupan City,
around 100 meters away from the accuseds house, testified that
in the early morning of May 11, 1994, he was in front of the house
of one Primitivo Operaa at Carael Dist., Dagupan City. He was
there to buy cigarette in the store of Gary Operaa. He was not
able to buy cigarette because the store of Gary was still closed. He
saw Cesar Operaa seated at a bench in front of the house of
Primitivo Operaa and they talked about the past barangay
elections. Primitivo Operaas house is around 30 to 40 meters
away from the house of the accused. While talking with Cesar
Operaa, he heard Leny Operaa shouting and crying while
telling her cousin Cesar that Alicia Operaa committed suicide.
Cesar Operaa went to the house of Alicia and he followed. He
saw the latter lying dead already but accused was upstairs bottle
feeding his small baby. He felt the pulse beat at the left hand of
Alicia but it already stopped beating. He stayed there for about 3
to 4 minutes after which he went home already.
Gary Operaa, brother of the accused testified that on the
night of May 10, 1994, he slept in his store located at about 1 1/2
meter away from the house of the accused. He woke up before
6:00 oclock in the morning of May 11, 1994 because he was
awakened by the shouts of his brother saying father, mother,
please come to me. Upon hearing the shouting, he opened the
door and entered the kitchen of the house of his brother and there
saw his sisterinlaw, Alicia Operaa hanging while his brother
was untying the wire. His brother, Rodolfo told him to go to
Canaoalan and tell Alicias mother that Alicia committed suicide.
While his brother was untying the wire he got his motorcycle and
went to Canaoalan, Binmely(sic). Pangasinan, which is 2
kilometers away from Carael District, Dagupan City. He saw
Rufina Maminta seated at the terrace of their house. He told her
to come with him because his brother needed her but he did not
im
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read before handing the same to accused. After he read it, he kept
it in an aparador at(sic) their kitchen 1 1/2 meter (sic) away from
Alicias body. His motherinlaw arrived in their house and upon
seeing her daughter dead, she cried and said what did you do to
yourself, you made true what you said before that you wanted to
rest already. While Rufina Maminta was uttering those words, he
was in front of his wife. Then Rufina Maminta went home. At
around 6:30 in the morning of the same day, she came back
together with Joselito Paragas and scolded him and telling (sic)
him many things. She wanted to bring her daughter to the
hospital for treatment but he told his motherinlaw that Alicia is
already dead as she is no longer breathing and was already cold.
He informed the Local Civil Registrar of Dagupan City about
his wifes death and it was one of the clerks therein who placed
cardiorespiratory arrest as one of the causes of death because he
informed the clerk that his wife committed suicide. The incident
was also reported to the police by Max Operaa, his brother.
On crossexamination, accused testified that he did not see any
tear rolling on the cheek of his wife but he noticed the watery
portion on the flooring just below her body and that her
underwear was wet. He also noticed some bubbles in her mouth
and her tongue slightly protruded. He also noticed that his wifes
feet hanging was about 2 1/2 inches from the flooring and her
head was touching the truss of their kitchen.
He further testified that his motherinlaw disliked him as son
inlaw from the very beginning and now she accused him of killing
his wife. During their marriage, there was no problem between
them but there was one time that his wife complained of her
ligation because she cant (sic) eat, sleep and she was thinking
very deeply. One day she asked his permission to have a vacation
at Canaoalan. He gave permission to take a vacation. She even
took a vacation in Manila and c(o)me back to Carael only on May
1, 1994. He was not happy about his wifes stay in Manila but he
did not make any quarrel with her. On the third week of her stay
in Manila, she called him over the phone but they had no heated
argument. The day following her arrival from Manila, they made
love with each other as husband and wife and she was happy
about it. After that, she was again back to thinking deeply. He
told her to go out of the house and enjoy life, mingle with their
neighbors but she did not do it. On May 5, 1994, he brought her to
a quack doctor who told them that somebody was watching her
and advised him to have the guava tree in front of their house cut
and so he cut the guava tree. He also asked her (sic) wife to see a
doctor of medicine but she refused. Since his wife arrived from
Manila on May 1, 1994 up to the night of May 10, 1994, they have
(sic) no misunderstanding and they never quarreled. Although
there was one time when somebody
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where accused was a security guard. To settle the case, she and
Alicia accompanied by the Brgy. Captain of Carael talked to the
girl kissed by the accused. They paid the girl P10,000.00 in
settling the case.
It is not likewise true that it was on her second return to the
accuseds house that she asked the accused to let her bring her
daughter to a hospital because after she was fetched by Gary
Operaa. She asked her soninlaw to bring her daughter to a
hospital but accused refused.
She testified further that there was no instance during the
lifetime of Alicia that the latter told her that she was going to put
an end to her life.
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When the accused sent his brother Gary to Canaoalan to call for
his motherinlaw, without first asking Gary to help him revive
his wife or take her to the hospital for treatment and
When Max Operaa, brother of the accused, intervened and
told Rufina Maminta and Joselito Paragas, not to touch the body
because this is still the jurisdiction of Dagupan City and that you
should not interfere all these constitute circumstantial evidence
to convict.
While the evidence adduced by the prosecution is indeed
circumstantial, it appears that the witnesses who testified for the
prosecution are credible witnesses and the circumstances testified
to by them are consistent with truth and human nature and the
natural course of things which, taken together, point unerringly
to the accused as the guilty party.
A witness who testifies in a categorical, straightforward,
spontaneous and frank manner and remains consistent on cross
examination is a credible witness. (Peo. vs. Clores, 184 SCRA
638).
The web of circumstantial evidence points to no other
conclusion than that the accused was guilty of strangulating and
choking his wife.
This court is convinced that the circumstantial evidence
presented are sufficient to establish beyond reasonable doubt the
guilt of the accused of the crime of parricide.
Circumstantial evidence is sufficient for CONVICTION if:
(1) There is more than one circumstance
(2)
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Rollo, p. 42.
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25 SCRA 36 (1968) People vs. Bicog, 187 SCRA 556, 563 (1990) and
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that the deceased could not have inflicted all the wounds on
herself if she committed suicide.
Appellant claims that the lower court erred in not
allowing the testimonies of his daughter, Jonaliz, and that
of Juana Misola. The Court disagrees. The question as to
the competence of a child to testify is addressed to the
sound discretion of the trial court. This is so because the
trial judge x x x sees the proposed witness, notices [her]
manner, [her] apparent possession or lack of intelligence,
as well
as [her] understanding of the obligation of an
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oath. The Court respects this finding below on this
matter. Besides, since the appellants brother, Gary, also
testified that he allegedly saw the appellant removing the
deceased from being hanged from their kitchen, the
testimony of Jonaliz, a child of tender years, to the effect
that she saw her mother hanging, is not indispensable to
the appellants defense.
As regards Juana Misola, whose testimony will revolve
around the alleged suicide note which was unsigned, the
records reveal that the original of said note could not be
produced in open court. The alleged suicide note presented
was questioned in open court for being a mere carbon copy
of the original, and could not thus be
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comprehension.
Another instance which indicated the weakness of the
suicide theory is the stance that the deceased suffered
mental depression which eventually led to her suicide. This
is belied by the fact that on May 8, 1994, or just three days
before her death, she even went to their barangay hall
accompanied by her mother, the complainant hereinin
order to amicably settle a case against the appellant. The
said case arose from a kissing incident which took place in
the bank where the appellant worked as a security guard.
The Court believes that such was not an act of a mentally
depressed person, who had given up all hopes on her
married life.
The Court also agrees with the lower court that the
claim of appellant that he was extremely overcome17 by
shock so that he forgot to rush her to the hospital is
contradicted by the gamut of collated material evidence. It
is undisputed, nay, admitted by the appellant himself, that
he called his mother and father when he saw his wife
hanging, that he was bottlefeeding their baby when the
neighbors entered the house to look at his wife, and he
asked his brother Gary to fetch his motherinlaw. The
aforementioned acts and circumstances were those of a
calm and organized mind, not at all reflective of a husband
who was under great strain due to
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Records, pp. 34, Entry No. 45, Volume 62, Series of 1994, of the
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morning.
How then could SPO1 Arzadon have
investigated the incident? This reinforces the allegation
that the suicide theory and concomitant suicide materials
were mere fabrications of appellant to cover up the
malicious and felonious acts sued upon.
Appellant imputes malice and bad motive against the
complainant. This Court has consistently ruled that the
trial courts findings on the credibility of witnesses deserve
utmost respect and generally are not to be disturbed on
appeal unless the lower court overlooked certain facts of
substance and value
which if considered would affect the
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result of the case. Absent here is the exception to the rule
on the conclusiveness of findings by the trial court that the
inference made is manifestly mistaken, absurd or
impossible and that the
judgment is based on a
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misapprehension of facts.
The lower court observed that the testimonies of the
prosecution witnesses particularly of the complainant were
full of sincerity and consistent with truth. The Court notes
that one of the most important aspects of the testimonies of
Rufina Maminta and Joselito Paragas is not only that they
have proved that Alicia Operana was still alive when they
arrived at the scene of the unfortunate happening, but that
the said testimonies recounted with clarity the
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Records, pp. 34, Entry No. 39, Volume 62, Series of 1994, of the
People vs. Salangoste, 188 SCRA 422, 433 (1990) citing: People vs.
Royeras, 130 SCRA 259 [1984] People vs. Martinez, 144 SCRA 303 [1986].
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People vs. Salangoste, supra, citing People vs. Ale, 145 SCRA 50
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How many times did you tell him (accused) that you and
Joselito Paragas will bring your daughter to the hospital?
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