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People v.

Yparraguirre When Merlyn refused, Mary Ann increased the offer to twenty-five
G.R. No. 117702 thousand pesos (P25,000.00). Still Merlyn refused to accept it.
10 February 1997
As pointed out by appellant, no criminal complaint had been filed at
Facts: Yparraguirre was charged with the crime of Rape. the time the compromise offer was made. Nevertheless, the rape
Prosecution established that accused gave victim, housemaid of incident was already known to appellant’s wife. Mary Ann herself
accused, an envelope containing 15 tablets allegedly for her rashes. testified that Merlyn told her about it on November 3, 1990, the day
As instructed by accused, victim took tall the tablets. A few minutes when Mary Ann first offered the money.
later, she felt weak and fell down. Suddenly, she realized that
appellant was dragging her to the spouses’ bed and doing sexual An offer to compromise does not require that a criminal
acts to satisfy his lust. complaint be first filed before the offer can be received in
evidence against the offeror. What is required is that after
After the incident, accused threatened to kill her should she report committing the crime, the accused or his representative makes
the incidents to her parents. Victim continued to serve the family of an offer to compromise and such offer is proved.
the accused for one month before leaving them to return to her
mother.

Her mother found the victim in a state of shock. She could not eat
nor talk, neither could she perform ordinary daily functions such as
dressing herself. In short, Rosita became helpless. She was brought
to the hospital for examination. After several treatment, victim began
to talk and revealed that she was raped by accused.

Accused pled not guilty to the crime charged claiming that he was at
the market, and worked straight until the evening. However, trial
court found him guilty.

Issue: Whether appellant’s wife offer to the victim’s mother


amounted to offer of compromise even prior to the filing of the
complaint? YES

Ruling: There is evidence that after Rosita revealed the rape to her
mother, appellant’s wife, Mary Ann Yparraguirre, offered the victim’s
mother, Merlyn Bacaling, fifteen thousand pesos (P15,000.00) to
dissuade her from filing the complaint.

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