Herrera, one of the principal authors of the Death Penalty Law, said SPO1 Arnulfo Aure and SPO1 Marlon Ferol, should have been sentenced to death for the "qualified rape" of a 45-year-old woman in their custody.
Aure and Ferol were sentenced to life in prison Wednesday after they were convicted of raping the woman, who was being held for alleged child abuse, physical injuries and illegal recruitment charges.
Regional Trial Court Judge Myrna Dimaranan also ordered the two officers to pay their victim P180,000 in damages.
Herrera stressed that under the law, the death penalty is mandatory if rape is committed when the victim is under the custody of the police or the military, or when it is perpetrated by any member of the Armed Forces, the Philippine National Police or any law enforcement agency.
"In this case, there are actually three aggravating factors for qualified rape. First, the victim was in police custody. Second, the culprits were officers of the law. And finally, the victim was violated at gunpoint." Herrera pointed out.
"We are almost certain the Supreme Court will upgrade to death the punishment meted out to the two officers," Herrera said.
The victim was raped on Nov. 7, 1999 inside the computer room of the headquarters of the Criminal Investigation and Detection Group in Kaunlaran Village, Caloocan.
Aure and Ferol first tried to extort P300,000 from the victim. Since the victim could not raise the money, she consented to be held pending further investigation.
It was on her first night under custodial investigation that Aure raped the victim. A few hours later, Ferol also assaulted the victim. Both officers were reeking of liquor when they perpetrated the crimes.