People vs. Echegaray Issue: Won The RTC QC:: Leo Echegaray's Defense

PEOPLE vs.
ECHEGARAY ISSUE: WON the RTC QC:

Per Curiam | June 25, 1996 (a) Failed to appreciate the sinister motive of Rodessa’s
grandmother, hence it erred in convicting Leo Echegaray – NO
FACTS (b) Overlooked the fact that the healed lacerations could not have
been due to the pumping of a penis, hence it erred in
 In April 1994, Rodessa was at home taking care of her brothers. convicting him despite vehement denial – NO
o Her mother was gambling somewhere else. (c) Whimsically ignored the defense of alibi, hence it erred in
o Her father ordered her brothers to get out of the house. holding that alibi is not sustainable in this case – NO
(d) Erred in considering this a case of statutory rape - NO
 Her father dragged her inside a room.
o Removed her panty and laid her on the floor RATIO
o Removed his underwear and placed himself on top of her
o Forcefully inserted his penis which caused her severe pain  The SC adheres to the following principles in light of the re-imposition of the
o He asked: ‘Masarap ba, masarap ba?’ death penalty:
o She answered: ‘Tama na Papa, masakit’ (a) An accusation of rape can be made with facility, it is difficult to
prove but even more difficult to disprove
 Rodessa’s plea proved futile. (b) Since only 2 people are involved, the testimony of the
o After raping her, he threatened to kill her mother if she talks. complainant must be scrutinized with extreme caution
o Rodessa was frightened of him because he was always on drugs. (c) The evidence for the prosecution must stand on its own merits
and cannot draw strength from the weakness of the defense
 The same happened up to 5 times.
o After the 5th time, Rodessa decided to inform her grandmother.  The SC believes, as the Sol-Gen did, that no grandmother would be so
o Her grandmother told her mother. callous as to instigate her 10 year old granddaughter to file a rape case
o Rodessa and her mother went to the Barangay Captain. against her own father simply on account of her alleged interest over the lot.
 At first, her mother was on her side.  It is a jurisprudential rule that the testimony of a rape victim is credible when
o When her father was detained, her mother switched side. she has no motive to testify against the accused
o The minor inconsistencies in the testimonies of the prosecution
 The medico-legal officer found lacerations on her hymen. witnesses can be reconciled.
(a) Leo being naked vs. still wearing shorts when he dragged her
Leo Echegaray’s Defense (b) Leo uttering ‘Masarap ba?’ vs. ‘Masarap, tapos na’
(c) Rodessa going to her grandmother vs. otherwise
 Rodessa’s mother said the rape was only imagined by her grandmother.
 The records are bereft of clear proof of Leo’s claim as to the size of his penis
 Leo presented several defenses on his behalf: and that if true, it could not have merely caused shallow healed lacerations
o That Rodessa’s grandmother has an adverse claim in a property. but would rupture Rodessa’s vagina.
o That he was painting a house in Parañaque at the time of the crime. o The SC gives no probative value on this self-serving statement.
o That he has a big organ which would rupture Rodessa’s organ.
o That Rodessa’s grandmother was irked that he was sent to  In rape cases, a broken hymen is not an essential element.
rehabilitation instead of death penalty for drug pushing. o A mere contact of the pudenda suffices, full entry is not required
o The healed lacerations were consistent with the date of rape
 Mrs. Punzalan, part time baby sitter of Rodessa, testified that she saw
Rodessa reading sex books.  Echegaray erroneously argued that the Contract of Services in support of his
o She also saw Rodessa masturbate while she was hanging clothes. alibi need not be corroborated because there is no law requiring so.
o Since Rodessa has no motive to falsely testify against him, his
 Silvestre Echegaray corroborated Mrs. Punzalan’s assertions. defense of alibi, without corroboration, should be disregarded.
o She saw Rodessa go out with friends of ill-repute o More so, alibi becomes weaker when he was positively identified.
o She saw Rodessa viewing an X-rated tape and masturbating o The Contract of Services is not proof of his whereabouts at the time
of the commission of the rape.
RTC QC’s Ruling: Guilty beyond reasonable doubt of Rape
Sentenced to suffer the penalty of DEATH
 Even if Leo was not the father, stepfather, or grandfather, this disclaimed
cannot save him
o Considering that he is a confirmed lover of Rodessa’s mother, he
falls within the Death Penalty Law under the term “common-law
spouse of the parent of the victim.”
 The fact that the 10 year old Rodessa referred to Leo as “Papa” is enough to
conclude that he is either the father or stepfather.
o Hence, the rape has become all the more repulsive and perverse.
o Rodessa’s tender age and Leo’s moral ascendancy over her are
factors which forced her to succumb to his desires.
o Under these circumstances, it is inevitable for him to face death.
RULING
AFFIRM decision of RTC QC

People vs. Echegaray Issue: Won The RTC QC:: Leo Echegaray's Defense

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PEOPLE vs.

ECHEGARAY ISSUE: WON the RTC QC:

AFFIRM decision of RTC QC

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