GR Nos.

119987-88
The People of the Philippines, petitioner
Vs
Hon. Lorenzo B. Veneracion, Presiding Judge of the Regional Trial Court, National
Capital Judicial Region, Branch 47, Respondent
TOPIC: Dura Lex Sed Lex Principle
FACTS:
History
- August 2 1994, Angel Alquiza, 7 years of age, was found floating along Del Pan St.
near the corner of Lavesares St., Binondo, Manila. Severely beaten, sexually
assaulted.
- The Accused, Abundio Lagunday, Ernesto Cordero Maristela and Henry Lagarto,
conspired with 3 others to committing the same crime of rape and homicide
- The RTC rendered a decision on January 31, 1995, finding he defndants Henry
Lagarto Petilla, and Ernesto Cordero y Maristela guilty beyond reasonable doubt of
the crime of Rape with Homicide, and sentenced both with the “penalty of reclusion
perpetua” with all the accessories provided for by law.
Dissent
- Disagreeing with the sentence imposed, the City Prosecutor of Manila filed a Motion
for Reconsideration, praying that the decision be modified in that the penalty of death
be imposed in accordance with Sec 11 of RA No. 7659 Article 335 which reads:

“When by reason or on the occasion of the rape, a homicide is committed, the penalty
shall be death…”
- Respondent judge denied for lack of jurisdiction
- The Clerk of the Court directs the complete records of these cases, together with the
notices of appeal, to the Honorable Supreme Court

ISSUE:
- Whether the respondent Judge was right in issuing the penalty of “reclusion perpetua
”( life imprisonment).
RULING:
- The Rules of Court mandates that after an adjudication of guilt, despite personal
religious apprehensions, the respondent judge should impose “the proper penalty and
civil liability provided for by the law on the accused”.
 - Rape with homicide is not one of the instances where the penalty of reclusion
perpetua can be imposed
- In doing so, respondent judge acted without or in excess of his jurisdiction or with
grave abuse of discretion amounting to a lack of jurisdiction in imposing the penalty
of Reclusion Perpetua where the law clearly imposes the penalty of Death

WHEREFORE, PREMISES CONSIDERED, the instant petition is GRANTED. The case is

hereby REMANDED(return to lower court for reconsideration) to the Regional Trial Court for
the imposition of the penalty of death