This case has been cited 1 times or more.
|
2003-06-17 |
DAVIDE JR., C.J. |
||||
| We have held that for voluntary surrender to be appreciated as a mitigating circumstance, the following requisites must concur: (1) the offender had not been actually arrested; (2) the offender surrendered himself to a person in authority or to an agent of a person in authority; and (3) the surrender was voluntary.[29] A surrender is considered voluntary if it is spontaneous and shows the intention of the accused to submit himself unconditionally to the authorities because he either acknowledges his guilt or wishes to save the government the trouble and expense necessarily included for his search and capture.[30] All these requisites are present in this case. | |||||