V.

Duty of the Court

People v. Veneracion
G.R. Nos. 119987-88, 12 October 1985
Kapunan, .
!acts"
On August 2, 1994, the cadaver of a young girl, later identifed as Angel
Alquia !ra""ed in a sac# and yello! ta$le cloth tied !ith a nylon cord !ith
$oth feet and left hand "rotruding fro% it !as seen &oating along Del 'an (t.
near the corner of )avesares (t., *inondo, +anila.
,hen untied and re%oved fro% its cover, the lifeless $ody of the victi% !as
seen clad only in a light colored duster !ithout her "anties, !ith ga"ing
!ounds on the left side of the face, the left chin, left ear, lacerations on her
genitalia, and !ith her head $ashed in.
After trial and "resentation of the evidence of the "rosecution and the
defense, the trial court rendered a decision on -anuary .1, 199/ fnding the
defendants 0enry )agarto y 'etilla and 1rnesto Cordero y +aristela guilty
$eyond reasona$le dou$t of the cri%e of 2a"e !ith 0o%icide and sentenced
$oth accused !ith the 3"enalty of reclusion perpetua !ith all the accessories
"rovided for $y la!.3 Disagreeing !ith the sentence i%"osed, the City
'rosecutor of +anila on 4e$ruary 5, 199/, fled a +otion for 2econsideration,
"raying that the Decision $e 3%odifed in that the "enalty of death $e
i%"osed3 against res"ondents )agarto and Cordero, in "lace of the original
"enalty 6reclusion perpetua7. 2efusing to act on the %erits of the said +otion
for 2econsideration, res"ondent -udge, on 4e$ruary 18, 199/, issued an
Order denying the sa%e for lac# of 9urisdiction.
#ssue"
,hether or not death $e i%"osed instead of reclusion "er"etua:
Rulin$"
O$edience to the rule of la! for%s the $edroc# of our syste% of 9ustice. ;f
9udges, under the guise of religious or "olitical $eliefs !ere allo!ed to roa%
unrestricted $eyond $oundaries !ithin !hich they are required $y la! to
e<ercise the duties of their o=ce, then la! $eco%es %eaningless. A
govern%ent of la!s, not of %en e<cludes the e<ercise of $road discretionary
"o!ers $y those acting under its authority. >nder this syste%, 9udges are
guided $y the 2ule of )a!, and ought 3to "rotect and enforce it !ithout fear
or favor,3 resist encroach%ents $y govern%ents, "olitical "arties, or even
the interference of their o!n "ersonal $eliefs.
;n the case at $ench, res"ondent 9udge, after !eighing the evidence of the
"rosecution and the defendant at trial found the accused guilty $eyond
reasona$le dou$t of the cri%e of 2a"e !ith 0o%icide. (ince the la! in force
at the ti%e of the co%%ission of the cri%e for !hich res"ondent 9udge found
the accused guilty !as 2e"u$lic Act ?o. @A/9, he !as $ound $y its
"rovisions.
(ection 11 of 2.A. ?o. @A/9 "rovidesB
(ec. 11. Article ../ of the sa%e Code is here$y a%ended to read as
follo!sB
Art. ../. ,hen and ho! ra"e is co%%itted. C 2a"e is co%%itted $y
having carnal #no!ledge of a !o%an under any of the follo!ing
circu%stancesB
1. *y using force or inti%idation.
2. ,hen the !o%an is de"rived of reason or other!ise unconsciousD
and
.. ,hen the !o%an is under t!elve years of age or is de%ented.
Ehe cri%e of ra"e shall $e "unished $y reclusion perpetua.
,henever the cri%e of ra"e is co%%itted !ith the use of a deadly
!ea"on or $y t!o or %ore "ersons, the "enalty shall $e reclusion
perpetua to death.
,hen $y reason or on the occasion of the ra"e, the victi% has $eco%e
insane, the "enalty shall $e death.
,hen the ra"e is atte%"ted or frustrated and a ho%icide is co%%itted
$y reason or on the occasion thereof, the "enalty shall $e reclusion
perpetua to death.
When by reason or on the occasion of the rape, a homicide is
committed, the penalty shall be death. . . .
Clearly, under the la!, the "enalty i%"osa$le for the cri%e of 2a"e !ith
0o%icide is not Reclusion Perpetua $ut Death. ,hile 2e"u$lic Act @A/9
"unishes cases of ordinary ra"e !ith the "enalty of Reclusion Perpetua, it
allo!s 9udges the discretion C de"ending on the e<istence of circu%stances
%odifying the oFense co%%itted C to i%"ose the "enalty of either
Reclusion Perpetua only in the three instances %entioned therein. 2a"e !ith
ho%icide is not one of these three instances. Ehe la! "lainly and
unequivoca$ly "rovides that 3G!Hhen $y reason or on the occasion of ra"e, a
ho%icide is co%%itted, the "enalty shall $e death.3 Ehe "rovision leaves no
roo% for the e<ercise of discretion on the "art of the trial 9udge to i%"ose a
"enalty under the circu%stances descri$ed, other than a sentence of death.
,e are a!are of the trial 9udgeIs %isgivings in i%"osing the death sentence
$ecause of his religious convictions. ,hile this Court sy%"athies !ith his
"redica%ent, it is its $ounden duty to e%"hasie that a court of la! is no
"lace for a "rotracted de$ate on the %orality or "ro"riety of the sentence,
!here the la! itself "rovides for the sentence of death as a "enalty in
s"ecifc and !ellJdefned instances. Ehe disco%fort faced $y those forced $y
la! to i%"ose the death "enalty is an ancient one, $ut it is a %atter u"on
!hich 9udges have no choice. Courts are not concerned !ith the !isdo%,
e=cacy or %orality of la!s.