People vs.

Optana

351 SCRA 485, February 12, 2001

Facts:

Maria Rizalina Onsiano is the daughter of Nida Onsiano. Her mother met accused Deolito Optana at
work and decided to live together. Out of their common law relationship, the couple had seven children.
They moved to Subic, Zambales where they established residence.

One day, when Rizalina was playing with her brothers and sisters, her step father Optana called her and
ordered her to come up to the room. He ordered her to undressed but she refused. He slapped her
twice and threatened to box her. When Optana succeeded undressing her, he then kissed her mouth,
breast and her private parts. Optana removed his clothes, held both her hands and went on top of her.
He inserted his penis to her vagina and stayed on top of her for 10mins. Afterwards, he wiped the blood
off him and also ordered her to wipe her private parts. Rialina was 12 years old at the time.

This continued on several occasions every time her mother Nida was out of their house selling wares in
the market. She did not tell her mother because of the threat from Optana that he would kill her. After
several months, her mother noticed her stomach protruding and asked her about it. At first, she refused
to tell her mother but later on admitted that she was raped by Optana. They brought her to the hospital
for examination. Her medical reports said that she was 6-7 months pregnant.

Issue:

Whether or not the accused is guilty of Rape.

Ruling:

Yes, the accused is guilty of rape.

The trial court found Maria Rizalina’s testimony to be credible and trustworthy, it was more than
sufficient to sustain the accused’s conviction. The fact that the accused had carnal knowledge with the
victim is corroborated by the findings of Dr. Laila Patricio, who upon examination on November, 1995
found Maria Rizalina to be 6-7 months pregnant already.

In a rape committed by a father against the daughter, the former’s moral ascendancy and influence over
the latter substitutes for violence and intimidation. When the accused courted the victim’s mother, he
was aware that she has a daughter. He was made to understand that he had to accept and treat Maria
Rizalina as his own daughter too, caring for her and providing for her education. Since Maria Rizalina did
not have a father, she regarded the accused as such. Even at her young age, she recognized the parental
authority the accused had over her and in return, she gave the reverence and respect due him as a
father. Undeniably, there was moral ascendancy on the part of the accused over the victim.