|
Monday, February 09, 2004
Anti-death bloc voted for killing of Chiong accused
By Karlon N. Rama
CEBU -- The decision to send six of the Chiong seven to death by lethal injection came despite three associate justices' objections to the death penalty.
While the Supreme Court (SC) did not reveal the names of the three anti-death justices in the decision, it stressed that the three submitted to the validity of Republic Act 7659, which imposes the death penalty for heinous crimes, and to the ruling that the death penalty "be lawfully imposed" in this particular case.
Similarly, the three judges did not issue dissenting opinions on the decision that, as a result, was deemed to be per curiam or handed down "as a body."
In fact, the SC believes the Regional Trial Court (RTC) should have imposed the death sentence at its own level, when it ruled that all accused were guilty beyond reasonable doubt.
"The trial court erred in merely imposing two reclusiones perpetua, rationalizing that justice must be tempered with mercy," the High Court ruled.
"We must be reminded that justice is not ours to give according to sentiment or emotion. It is the law that we must faithfully implement," the High Tribunal maintained.
RTC Judge Martin Ocampo, in his May 1999 decision on the July 1997 case, found all seven guilty of the kidnapping and serious illegal detention, with rape and murder, of Marijoy Chiong.
They were also found guilty of the kidnapping and serious illegal detention of her sister, Jacqueline.
The seven are: Juan Francisco Larraņaga, Josman Aznar, Rowen Adlawan, Alberto Caņo Ariel Balansag, James Anthony Uy and James Andrew Uy.
Ocampo gave them back-to-back life sentences that all seven, through their lawyers, separately appealed before the SC.
Ocampo was found dead in a hotel room soon after he handed down the decision. While evidence point to a suicide, it was speculated otherwise.
Tougher penalty
But in its decision dated Feb. 2, the SC affirmed the findings of the RTC on the guilt of the accused.
In the 77-page document, the High Tribunal went along with the life imprisonment penalty for the kidnapping and serious illegal detention of Jacqueline for all seven men.
However, it increased the penalty for the kidnapping and serious illegal detention with rape and murder to death of Marijoy, though only for six of the seven accused.
The youngest one, James Anthony Uy, was a minor at the time of the crime. He was ordered to serve another life sentence instead.
According to the High Tribunal, the RTC should have considered the provisions of RA 7659, which prescribes death for certain heinous crimes, when it imposed a back-to-back life imprisonment penalty for the seven.
"When the victim is killed or dies as a consequence of the detention, or is raped or is subjected to torture or dehumanizing acts, the maximum penalty (of death) shall be imposed," the SC quoted the statute.
(February 9, 2004 issue)
Write letter to the editor.Click here.
Join the Sun.Star message board.Click here. |
|
|
|
 |
| click
to comment on this article or discuss it with other readers |
[return to top]
[home]
|
|
