People v. Veneracion (Case Digest) G.R. Nos.

119987-88
People v. Veneracion
G.R. Nos. 119987-88
October 12, 1995

THE PEOPLE OF THE PHILIPPINES, petitioner,

vs.
HON. LORENZO B. VENERACION, Presiding Judge of the Regional Trial Court, National Capital Judicial
Region, Branch 47, Manila, HENRY LAGARTO y PETILLA and ERNESTO CORDERO, respondents

Facts:
On January 31, 1995, Henry Lagarto and Ernesto Cordero were found guilty beyond reasonable doubt of
rape with homicide. According to RA 7659, the punishment for such crime should be death. Judge
Lorenzo Veneracion, however, sentenced the accused only to reclusion perpetua. The city prosecutor
of Manila then filed a motion for reconsideration, praying that the penalty be changed to death as this
is in accordance with the law.

Issue:
Can the judge allow any discretion in imposing either the death penalty or reclusion perpetua when the
law clearly provides that the former should be imposed?

Ruling:
No. Judges are bound to apply the laws as they are without the privilege of discretion when the law so
clearly provides the punishment for crimes. If judges are allowed to do otherwise, the law would
become meaningless. Even if the law seems to harsh, judges are bound to abide by them regardless of
their religious or political beliefs.