This case has been cited 1 times or more.
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2001-02-19 |
MENDOZA, J. |
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| The elements of voluntary surrender are: (1) the offender has not been arrested; (2) he surrendered himself to a person in authority or to the latter's agent; and (3) the surrender was voluntary.[41] Needless to say, it is indispensable that the accused must in fact surrender to the custody of a person in authority or of his agent.[42] Here, although accused-appellant went to see his cousin to surrender, he did not actually do so because he agreed, at the suggestion of his cousin, to just post bail after he has been arrested. Accused-appellant, therefore, went back home. | |||||