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    161 PP Vs Echegaray

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    Caleb
    The case involved the rape of a 10-year old girl by her father, the defendant Leo Echegaray. On multiple occasions when the girl's mother was away, the defendant raped his daughter. She eventually told her grandmother, who informed the mother. They reported the assaults to authorities. At trial, the defendant claimed the accusations were false and denied being the girl's father, though he had lived with and provided for her. The court found he qualified as the girl's common-law stepfather and imposed the death penalty, which is mandated under the law for rape of a minor by a parent or guardian.

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    161 PP Vs Echegaray

    Uploaded by

    Caleb
    75 views2 pages
    The case involved the rape of a 10-year old girl by her father, the defendant Leo Echegaray. On multiple occasions when the girl's mother was away, the defendant raped his daughter. She eventually told her grandmother, who informed the mother. They reported the assaults to authorities. At trial, the defendant claimed the accusations were false and denied being the girl's father, though he had lived with and provided for her. The court found he qualified as the girl's common-law stepfather and imposed the death penalty, which is mandated under the law for rape of a minor by a parent or guardian.

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    People v. Echegaray case digest

    Original Title

    161 Pp vs Echegaray

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    The case involved the rape of a 10-year old girl by her father, the defendant Leo Echegaray. On multiple occasions when the girl's mother was away, the defendant raped his daughter. She eventually told her grandmother, who informed the mother. They reported the assaults to authorities. At trial, the defendant claimed the accusations were false and denied being the girl's father, though he had lived with and provided for her. The court found he qualified as the girl's common-law stepfather and imposed the death penalty, which is mandated under the law for rape of a minor by a parent or guardian.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    75 views2 pages

    161 PP Vs Echegaray

    Uploaded by

    Caleb
    The case involved the rape of a 10-year old girl by her father, the defendant Leo Echegaray. On multiple occasions when the girl's mother was away, the defendant raped his daughter. She eventually told her grandmother, who informed the mother. They reported the assaults to authorities. At trial, the defendant claimed the accusations were false and denied being the girl's father, though he had lived with and provided for her. The court found he qualified as the girl's common-law stepfather and imposed the death penalty, which is mandated under the law for rape of a minor by a parent or guardian.

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    © All Rights Reserved
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    Case Title: People v.

    Echegaray
    G.R. No. 117472
    Plaintiff-appellee: People of the Philippines
    Accused -appellant: Leo Echegaray
    Facts:

     The case is about a rape by the father of his ten-year old daughter.
     In an afternoon in the month of April 1994, the complainant Rodessa Echegaray (10 years of age)
    was looking after her brothers, when her mother left their house for a gambling session. Her father
    asked her brothers to leave the house.
     The accused dragged her inside the room, made her lie on the floor. Then and there the accused
    raped the victim. The accused uttered the words “Masarap ba, masarap ba?” in response the victim
    replied “Tama na Papa, masakit”.
     After the act the accused threatened the victim that he will kill her mother if she will tell her mother
    about the incident. The sexual assault reached up to the fifth time and it would always happen when
    her mother is not around the household.
     However the victim informed her grandmother (Asuncion Rivera) about the incident, and the latter
    informed the victim’s mother. They reported the sexual assault, but the said assaults only happened
    only during the time when her mother was pregnant.
     In defense of the accused the said accusation was only a product of Asuncion’s mind, she also has
    interest in a specific property. That he was not there because he was in work as a painter and raping
    a young girl like Rodessa would not be possible because he has a big sexual organ.
     Other testimonies presented by the defense that Rodessa is reading sex books and bulgar
    newspaper, she was also masturbating and in addition to that she also watches x-rated films in their
    house.
    Issues:

     W/N the accused should be punished by Death penalty.


    Rationale/Doctrines:

     Under Section 11 of Republic Act No. 7659 often referred to as the Death Penalty Law, Art. 335
    of the Revised Penal Code was amended, to wit:
    o The death penalty shall also be imposed if the crime of rape is committed with any of the
    following attendant circumstances:
    o 1. When the victim is under eigthteen (18) years of age and the offender is a parent,
    ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil
    degree, or the common-law spouse of the parent of the victim.
     The accused-appellant questions the penalty imposed by the trial court by declaring that he is
    neither a father, stepfather or grandfather of Rodessa although he was a confirmed lover of
    Rodessa's mother. On direct examination, he admitted that before the charge of rape was riled
    against him, he had treated Rodessa as his real daughter and had provided for her food, clothing,
    shelter and education. The Court notes that Rodessa uses the surname of the accused-appellant,
    not Rivera (her mother's maiden name) nor Alfonso (her grandmother's live-in partner).
    Moreover, Rodessa's mother stated during the cross-examination that she, the accused-appellant,
    and her five children, including Rodessa, had been residing in one house only. At any rate, even
    if he were not the father, stepfather or grandfather of Rodessa, this disclaimer cannot save him
    from the abyss where perpetrators of heinous crimes ought to be, as mandated by law.
    Considering that the accused-appellant is a confirmed lover of Rodessa's mother, he falls
    squarely within the aforequoted portion of the Death Penalty Law under the term "common-law
    spouse of the parent of the victim."
     The fact that the ten-year old Rodessa referred to the accused-appellant as "Papa" is reason enough
    to conclude that accused-appellant is either the father or stepfather of Rodessa. Thus, the act of
    sexual assault perpetrated by the accused on his young victim has become all the more repulsive
    and perverse. The victim's tender age and the accused-appellant's moral ascendancy and influence
    over her are factors which forced Rodessa to succumb to the accused's selfish and bestial craving.
    The law has made it inevitable under the circumstances of this case that the accused-appellant face
    the supreme penalty of death.

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