G.R. No. 119987-88 - People vs. Veneracion

On August 2, 1994, the cadaver of seven-year-old Angel Alquiza was found wrapped in a sack and yellow table cloth along Del Pan St., Binondo, Manila, with gaping wounds on her face, lacerations on her genitalia, and a crushed skull.
Based on witness statements, arrest reports, booking sheets, and the necropsy report, Abundio Lagunday (alias Jr./Jeofrey) and Henry Lagarto y Petilla were charged with Rape with Homicide in an Information dated August 8, 1994 (Criminal Case No. 94-138071).

Ernesto Cordero y Maristela (alias Booster), Rolando Manlangit (alias Lando), Richard Baltazar (alias Curimao), and Catalino Yaon (alias Joel) were charged with the same crime in an Information dated August 11, 1994 (Criminal Case No. 94-138138).
Both cases were consolidated before Branch 47 of the Regional Trial Court (RTC), Manila. All accused except Abundio Lagunday (who died during arrest) pleaded not guilty.

On January 31, 1995, the RTC found Henry Lagarto and Ernesto Cordero guilty beyond reasonable doubt of Rape with Homicide and sentenced them to reclusion perpetua with civil liabilities.
On February 8, 1995, the City Prosecutor moved to reconsider, praying for the death penalty instead of reclusion perpetua.
On February 10, 1995, the respondent judge denied the motion for lack of jurisdiction, citing the perfection of the accused’s notices of appeal, and directed transmission of the records to the Supreme Court.
Thereupon, the People of the Philippines filed a petition for certiorari before the Supreme Court.

Whether, upon a finding of guilt for Rape with Homicide under Republic Act No. 7659, the trial judge may exercise discretion to impose reclusion perpetua instead of death.
Whether the denial of the prosecutor’s motion for reconsideration constituted grave abuse of discretion and lack of jurisdiction.