This case has been cited 2 times or more.
2005-03-04 |
SANDOVAL-GUTIERREZ, J. |
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Evidence for the prosecution shows that petitioner, after attacking the victim, ran away. He was apprehended by responding police officers in the waiting shed at the corner of Cambas Road and Magsaysay Avenue. For voluntary surrender to be appreciated, the surrender must be spontaneous, made in such a manner that it shows the interest of the accused to surrender unconditionally to the authorities, either because he acknowledges his guilt or wishes to save them the trouble and expenses that would be necessarily incurred in his search and capture.[18] Here, the surrender was not spontaneous. | |||||
2004-06-30 |
CARPIO MORALES, J. |
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When an accused invokes self-defense, the burden of evidence is shifted on him to prove it clearly and convincingly. He must rely on its strength and not on the weakness of the evidence of the prosecution, failing which the evidence for the prosecution can no longer be disbelieved and the accused can no longer be exonerated.[19] |