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.