This case has been cited 3 times or more.
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2004-05-27 |
QUISUMBING, J. |
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| Well established is the doctrine that in the absence of unlawful aggression, there can be no self-defense, complete or incomplete.[25] Unlawful aggression is an essential and primary element of self-defense, without it, there can be no self-defense. [26] Appellant's claim thereto is utterly baseless in fact and in law. | |||||
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2003-05-08 |
QUISUMBING, J. |
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| Appellant's surrender to police authorities after the shooting should be credited in his favor as a mitigating circumstance, pursuant to Article 13 (7) of the Revised Penal Code.[30] There is voluntary surrender if three conditions are satisfied: (1) the offender has not been arrested; (2) he surrendered himself to a person in authority or to an agent of a person in authority; and (3) his surrender was voluntary. There is no dispute that appellant voluntarily surrendered to the governor[31] a person in authority, then to the police, before he was arrested. In People v. Antonio,[32] the accused's surrender to the mayor was considered as a mitigating circumstance. In the same way, appellant's voluntary surrender to the governor should be considered in his favor. It is immaterial that appellant did not immediately surrender to the authorities, but did so only after the lapse of two days. In People v. Bautista,[33] the voluntary surrender of the accused to a police authority four (4) days after the commission of the crime was considered attenuating. Finally, even if not raised on appeal, since an appeal opens the whole case for review, we could take into account this mitigating circumstance favorable to appellant. | |||||
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2000-07-14 |
YNARES-SANTIAGO, J. |
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| Having admitted responsibility for the killing of Tuadles, appellant Antonio claims the mitigating circumstance of voluntary surrender. On this score, we find merit in his claim considering that all the elements in order that voluntary surrender may be appreciated were attendant in his case. First, he had not been actually arrested; Second, he surrendered himself to a person in authority; and Third, his surrender was voluntary. It is of no moment that appellant Antonio did not immediately surrender to the authorities, but did so only after the lapse of about six (6) hours. In the case of People v. Bautista,[30] the voluntary surrender of the accused to a police authority four (4) days after the commission of the crime was considered attenuating. There is no dispute that appellant Antonio voluntarily surrendered to the mayor, a person in authority, before he was arrested, hence the mitigating circumstance of voluntary surrender should be considered in appellant Antonio's favor.[31] | |||||