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    3 People-v-Viernes

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    Michael Geoffrey Uy
    Eladio Viernes was convicted by the Regional Trial Court of Lipa for raping his daughter 3 times in May 1998. The prosecution filed a Motion for Reconsideration asking for increased penalties pursuant to RA No. 7659. The RTC granted the motion and increased the penalties. The Supreme Court held that a judgment of conviction can only be modified upon the motion of the accused, not the prosecution. A trial court cannot impose a more severe penalty than what was originally imposed.

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    3 People-v-Viernes

    Uploaded by

    Michael Geoffrey Uy
    18 views1 page
    Eladio Viernes was convicted by the Regional Trial Court of Lipa for raping his daughter 3 times in May 1998. The prosecution filed a Motion for Reconsideration asking for increased penalties pursuant to RA No. 7659. The RTC granted the motion and increased the penalties. The Supreme Court held that a judgment of conviction can only be modified upon the motion of the accused, not the prosecution. A trial court cannot impose a more severe penalty than what was originally imposed.

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    Eladio Viernes was convicted by the Regional Trial Court of Lipa for raping his daughter 3 times in May 1998. The prosecution filed a Motion for Reconsideration asking for increased penalties pursuant to RA No. 7659. The RTC granted the motion and increased the penalties. The Supreme Court held that a judgment of conviction can only be modified upon the motion of the accused, not the prosecution. A trial court cannot impose a more severe penalty than what was originally imposed.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    18 views1 page

    3 People-v-Viernes

    Uploaded by

    Michael Geoffrey Uy
    Eladio Viernes was convicted by the Regional Trial Court of Lipa for raping his daughter 3 times in May 1998. The prosecution filed a Motion for Reconsideration asking for increased penalties pursuant to RA No. 7659. The RTC granted the motion and increased the penalties. The Supreme Court held that a judgment of conviction can only be modified upon the motion of the accused, not the prosecution. A trial court cannot impose a more severe penalty than what was originally imposed.

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    PEOPLE V VIERNES

    /dagdag mo to/

    FACTS
    Eladio Viernes raped his daughter 3 times and was convicted by
    the RTC of Lipa on May 1998. In a Motion for Reconsideration,
    the prosecution asked that the that the imposed penalties be
    increased pursuant to RA No. 7659. The RTC granted the
    Motion via the assailed Order. The SC held that the RTC erred
    in increasing the penalties and that a judgment of conviction
    may be modified only upon motion of the accused.

    Held
    A judgment of conviction in a criminal prosecution may be
    modified only upon motion of the accused. As a rule, the
    prosecution is prohibited from seeking, and the trial court from
    granting, a more severe penalty than that imposed in the
    original decision. This is especially true in a case in which the
    new and amended penalty imposed is death.

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