People v. Veneracion
G.R. Nos. 119987-88
October 12, 1995
THE PEOPLE OF THE PHILIPPINES, petitioner,
vs.
HON. LORENZO B. VENERACION, Presiding Judge of the Regional Trial Court, National Capital Judicial Region, Branch 47, Manila, HENRY LAGARTO y PETILLA and ERNESTO CORDERO, respondents
Facts:
On January 31, 1995, Henry Lagarto and Ernesto Cordero were found guilty beyond reasonable doubt of rape with homicide. According to RA 7659, the punishment for such crime should be death. Judge Lorenzo Veneracion, however, sentenced the accused only to reclusion perpetua. The city prosecutor of Manila then filed a motion for reconsideration, praying that the penalty be changed to death as this is in accordance with the law.
Issue:
Can the judge allow any discretion in imposing either the death penalty or reclusion perpetua when the law clearly provides that the former should be imposed?
Ruling:
No. Judges are bound to apply the laws as they are without the privilege of discretion when the law so clearly provides the punishment for crimes. If judges are allowed to do otherwise, the law would become meaningless. Even if the law seems to harsh, judges are bound to abide by them regardless of their religious or political beliefs.
It's a Ping Thing 