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.
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