Title PEOPLE v ECHEGARAY

Date G.R. No. 117472 June 25, 1996

Parties PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
LEO ECHEGARAY y PILO, accused-appellant.
Brief Background Accused-appellant allegedly raped her 10-year-
old daughter, Rodessa Echegaray, in their own
house in Quezon City, sometime in April 1994.
Argument of the accused-appellant That the death penalty imposed is excessive
because he is not the biological father of victim.
Rodessa was the daughter of the accused-
appellant’s common law partner, Rosalie
Echegaray, and was sired by Conrado Alfonso the
paramour of Alicia Rivera, the mother of Rosalie
Echegaray.
Issue Whether or not the death penalty is an excessive
penalty for this case, given that the accused-
appellant is not the biological father of the victim
Ruling of the RTC Guilty of rape
Ruling SC SC affirmed the decision of the RTC
Reasoning of the Court 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 and Considering
that the accused-appellant is a confirmed lover of
Rodessa's mother, he falls squarely within the
afore quoted portion of the Death Penalty Law
under the term "common-law spouse of the
parent of the victim."