Case Summary (G.R. No. 119987-88)
Trial Court Proceedings and Sentencing
The two cases were consolidated before RTC Branch 47, Manila. All accused but Lagunday (deceased) pleaded not guilty. After trial, the court on January 31, 1995, found Henry Lagarto and Ernesto Cordero guilty beyond reasonable doubt of rape with homicide and sentenced each to reclusion perpetua with civil indemnities.
Prosecutor’s Motion and RTC’s Jurisdictional Ruling
On February 8, 1995, the City Prosecutor moved for reconsideration, arguing that the law mandated the death penalty for rape with homicide and urging modification of the sentence accordingly. The trial judge, on February 10, declined to entertain the motion, holding that once notices of appeal were perfected, the court lost jurisdiction and could not act on the motion.
Legal Question: Discretion in Sentencing under RA 7659
The sole issue before the Supreme Court was whether, after finding the crime of rape with homicide, the trial judge had discretion to impose either reclusion perpetua or death, or whether the death penalty was mandatory under Republic Act No. 7659.
Statutory Mandate of Death Penalty for Rape with Homicide
Section 11 of R.A. 7659 amended Article 335 of the Revised Penal Code to prescribe that “when by reason or on the occasion of rape, a homicide is committed, the penalty shall be death.” The law distinguishes ordinary rape punishable by reclusion perpetua but mandates death when homicide occurs in the course of the rape.
Supreme Court’s Rationale on Duty to Apply the Law
The Court emphasized that judges must apply clear statutory mandates regardless of personal convictions. Citing prior jurisprudence, the Court held that personal or religious opposition to a penalty does not permit a judge to deviate from the law. The trial judge’s refusal to impose the death penalty constituted grave abuse of discretion and lack of jurisdiction.
Holding and Disposition
The Supreme Court granted the petition, declaring that under RA 7659 the death penalty for rape with homicide is mandatory and no discretion exists to impose a lesser penalty. The Court ordered the RTC to remand the case and impose a sentence of death on Henry Lagarto and Ernesto Corde
Case Syllabus (G.R. No. 119987-88)
Facts
- On August 2, 1994, the body of seven-year-old Angel Alquiza was discovered floating in a sack in Binondo, Manila, wrapped in a yellow table cloth and tied with a nylon cord.
- Upon removal, the victim was found clad only in a light-colored duster, without panties, bearing gaping wounds on her face, chin, ear, lacerations on her genitalia, and a bashed-in skull.
- Based on witness statements, booking sheets, arrest reports, and the necropsy report, six persons were later charged with rape with homicide for the victim’s fatal injuries.
Charges and Informations
- Criminal Case No. 94-138071 (August 8, 1994): Abundio Lagunday alias Jr. Jeofrey and Henry Lagarto y Petilla were charged with rape with homicide, alleging they took the minor into a warehouse, used force, slashed her vagina, struck her head with a wood, stabbed her neck, and caused her death.
- Criminal Case No. 94-138138 (August 11, 1994): Ernesto Cordero y Maristela alias Booster, Rolando Manlangit alias Lando, Richard Baltazar alias Curimao, and Catalino Yaon alias Joel were charged similarly, in conspiracy with Lagunday and Lagarto.
Procedural History
- The cases were consolidated before Branch 47, Regional Trial Court, Manila, presided by Judge Lorenzo B. Veneracion.
- All accused, except the deceased Lagunday (killed August 12, 1994), pleaded not guilty.
- On January 31, 1995, after trial, the court found Henry Lagarto and Ernesto Cordero guilty beyond reasonable doubt and sentenced them to reclusion perpetua, ordering joint and several indemnities (P100,000 for death, P500,000 moral damages, P52,000 actual damages) and costs.
- The City Prosecutor moved for reconsideration on February 8, 1995, seeking imposition of the death penalty under RA 7659.
- On February 10, 1995, Judge Veneracion denied the motion for lack of jurisdiction, noting the accused had already perfected their appeals and directing the transmission of records