5. People vs Eschagaray.pdf - SUPREME COURT REPORTS ANNOTATED VOLUME 267 682 SUPREME COURT REPORTS ANNOTATED People us Echegaray G.R No 117472 February

5. People vs Eschagaray.pdf - SUPREME COURT REPORTS...

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7/11/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 267 1/66 682 SUPREME COURT REPORTS ANNOTATED People us. Echegaray G.R. No. 117472. February 7, 1997. * PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LEO ECHEGARAY y PILO, accused-appellant. Remedial Law; Appeal; Matters neither alleged in the pleadings nor raised during the proceedings below cannot be ventilated for the first time on appeal before the Supreme Court. —It is a rudimentary principle of law that matters neither alleged in the pleadings nor raised during the proceedings below cannot be ventilated for the first time on appeal before the Supreme Court. Moreover, as we have stated in our Resolution in Manila Bay Club Corporation v. Court of Appeals: “If well-recognized jurisprudence precludes raising an issue only for the first time on appeal proper, with more reason should such issue be disallowed or disregarded when initially raised only in a motion for reconsideration of the decision of the appellate court.” Criminal Procedure; Affidavits; An affidavit of desistance is merely an additional ground to buttress the accused’s defenses not the sole consideration that can result in acquittal. —It must be stressed that during the trial proceedings of the rape case against the ac- _______________ * EN BANC. 683 VOL. 267, FEBRUARY 7, 1997 683 People vs. Echegaray cused-appellant, it appeared that despite the admission made by the victim herself in open court that she had signed an Affidavit of Desistance, she, nevertheless, “strongly pointed out that she is not withdrawing the charge against the accused because the latter might do the same sexual assaults to other women.” Thus, this is one occasion where an affidavit of desistance
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7/11/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 267 2/66 must be regarded with disfavor inasmuch as the victim, in her tender age, manifested in court that she was pursuing the rape charges against the accusedappellant. We have explained in the case of People v. Gerry Ballabare, that: “As pointed out in People v. Lim (190 SCRA 706 [1990], which is also cited by the accused-appellant, an affidavit of desistance is merely an additional ground to buttress the accused’s defenses, not the sole consideration that can result in acquittal. There must be other circumstances which, when coupled with the retraction or desistance, create doubts as to the truth of the testimony given by the witnesses at the trial and accepted by the judge.” Constitutional Law; Death Penalty; Our courts are not the fora for a protracted debate on the morality or propriety of the death sentence where the law itself provides therefor in specific and welldefined criminal acts.— Consequently, we have time and again emphasized that our courts are not the fora for a protracted debate on the morality or propriety of the death sentence where the law itself provides therefor in specific and well-defined criminal acts. Thus we had ruled in the 1951 case of Limaco
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