People vs Veneracion

249 scra 244 Duty of a Judge to Impose Prescribed Penalty

On August 2, 1994, four accused were found guilty beyond reasonable doubt of rape with homicide of a seven year old girl in the RTC presided by Judge Lorenzo P. Veneracion. Respondent judge however, refused to impose the corresponding penalty of death and he rather imposed reclusion perpetua to each of the accused. The city prosecutor filed a motion for reconsideration praying that the penalty of death be imposed upon the four accused. The respondent judge refused to act.

ISSUE: Whether or not respondent judge can impose penalty lower than that prescribed by law. HELD: The Supreme Court mandates that after an adjudication of guilt, the judge should impose the proper penalty provided for by the law on the accused regardless of his own religious or moral beliefs. In this case the respondent judge must impose the death penalty. This is consistent in the rule laid down in the Civil Code Article 9 that no judge or court shall decline to render judgment by reason of the silence, obscurity, or insufficiency of the laws.