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FIRST ARGUMENT: THE FOUR DEFENDANTS SHOULD BE CONVICTED OF

MURDER AND BE SENTENCED TO THE PENALTY OF DEATH AS THE LAW


IS CLEAR AND DOES NOT ADMIT OF ANY EXCEPTIONS

The law provides that whoever shall willfully take the life of another shall
be punished by death. Sentencing the four accused to death may be too much
for the public to take in however, no exception is provided. A case in point is the
case of People of the Philippines vs. Ruben Suriaga y Chavez. On February 22,
1995, an Information was filed with the Regional Trial Court (RTC) Branch 78,
Quezon City, charging Ruben Suriaga, Rosita Dela Cruz and Joel Isidera with
kidnapping for ransom and serious illegal detention committed. The decision
provided that “It is always a distressing task to impose the death penalty on an
accused. However, it is the bounden duty of this Court to apply the law imposing
such penalty when justified. Dura lex, sed lex.”

SECOND ARGUMENT: IT IS A WELL-SETTLED RULE THAT THE DUTY OF


THE COURTS AND JUDGES IS TO APPLY THE LAW, DISREGARDING
THEIR FEELING OF SYMPATHY OR PITY FOR THE ACCUSED.

In the case of People of the Philippines vs Patricio Amigo alias Bebot accused-
appellant claims that the penalty of reclusion perpetua is too cruel and harsh a
penalty and pleads for sympathy. But the courts are not the forum to plead for
sympathy. The duty of courts is to apply the law, disregarding their feeling of
sympathy or pity for an accused. DURA LEX SED LEX. The remedy is elsewhere
- clemency from the executive or an amendment of the law by the legislative, but
surely, at this point, this Court can but apply the law. The solemn power of the
judiciary does not include reading into the law what is not written as that would
be judicial legislation and an encroachment of the power of the legislative branch.
The judges must uphold the rule of law and that is to sentence the death of the
four accused as they have committed the crime of murder against Roger
Whetmore. It is already in the discretion of the President if he would grant
executive clemency to these accused but that is already beyond the control and
power of the judiciary. Thus, the judges must apply the law.