This case has been cited 2 times or more.
|
2004-06-08 |
PER CURIAM |
||||
| The single act by appellant of detonating a hand grenade may quantitatively constitute a cluster of several separate and distinct offenses, yet these component criminal offenses should be considered only as a single crime in law on which a single penalty is imposed because the offender was impelled by a "single criminal impulse" which shows his lesser degree of perversity.[41] | |||||
|
2001-12-19 |
QUISUMBING, J. |
||||
| Did appellant Roberto Saul voluntarily surrender such that it may mitigate his liability? For voluntary surrender to mitigate the offense, the following elements must be present: (a) the offender has not actually been arrested; (b) the offender surrendered himself to a person in authority; and (c) the surrender must be voluntary.[26] A surrender, to be voluntary must be spontaneous, i.e. there must be an intent to submit oneself to authorities, either because he acknowledges his guilt or because he wishes to save them the trouble and expenses in capturing him.[27] We are unable to agree with the CA's finding that Roberto's surrender was not voluntary simply because he surrendered only in the afternoon of the day following the crime and only after he presented himself to the NBI that same morning, implying that his surrender was a mere afterthought.[28] For voluntary surrender to mitigate an offense, it is not required that the accused surrender at the first opportunity. For as long the aforementioned requisites are met, voluntary surrender can be appreciated. Roberto Saul presented himself to the NBI in the morning and in the afternoon of that same day, gave himself up. He was not apprehended nor forced to surrender. In our view, the mitigating circumstance of voluntary surrender should count in his favor. | |||||