This case has been cited 2 times or more.
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2004-02-23 |
PUNO, J. |
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| Appellants cannot invoke the mitigating circumstance of voluntary surrender. For voluntary surrender to be considered, it must be shown that: (1) the offender was not actually arrested; (2) he surrendered himself to a person in authority or to an agent of that person; and, (3) his surrender was voluntary.[22] The records disclose that appellants voluntarily presented themselves to the Las Piñas Police Department "to clear their name."[23] We have ruled time and again that the act of a suspect in going to the police station only "to clear his name" does not show intent to surrender unconditionally to the authorities.[24] | |||||
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2003-07-31 |
AUSTRIA-MARTINEZ, J. |
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| Actual damages to be recoverable, must actually be proved and supported by receipts. In this case, the petitioners failed to present any receipt to prove the expenses they incurred. Nonetheless, temperate damages may still be given to the heirs of the victim under Art. 2224 of the Civil Code.[43] Based on prevailing jurisprudence, the amount of P25,000.00 as temperate damages is in order.[44] | |||||