This case has been cited 4 times or more.
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2003-10-02 |
BELLOSILLO, J. |
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| A surrender to be voluntary must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities, either because he acknowledges his guilt, or he wishes to save them the trouble and expense necessarily incurred in his search and capture. If none of these two (2) reasons impelled the accused to surrender, because his surrender was obviously motivated more by an intention to insure his safety, his arrest being inevitable, the surrender is not spontaneous.[29] | |||||
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2003-04-29 |
YNARES-SANTIAGO, J. |
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| The mitigating circumstance of voluntary surrender was correctly appreciated in favor of appellants. To benefit an accused, the following requisites must be proven, namely: (1) the offender has not actually been arrested; (2) the offender surrendered himself to a person in authority; and (3) the surrender was voluntary. A surrender to be voluntary must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities, either because he acknowledges his guilt, or he wishes to save them the trouble and expense necessarily incurred in his search and capture.[38] | |||||
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2003-01-20 |
YNARES-SANTIAGO, J. |
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| Anent the mitigating circumstance of voluntary surrender, the Court of Appeals erred in appreciating the same in favor of the petitioner. To benefit an accused, the following requisites must be proven, namely: (1) the offender has not actually been arrested; (2) the offender surrendered himself to a person in authority; and (3) the surrender was voluntary. A surrender to be voluntary must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities, either because he acknowledges his guilt, or he wishes to save them the trouble and expense necessarily incurred in his search and capture.[29] Voluntary surrender presupposes repentance.[30] In People v. Viernes,[31] we held that going to the police station to clear one's name does not show any intent to surrender unconditionally to the authorities. | |||||
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2002-08-14 |
YNARES-SANTIAGO, J. |
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| Article 64 (1) of the Revised Penal Code. Applying the Indeterminate Sentence Law, accused-appellant shall be entitled to a minimum term to be taken from the penalty next lower in degree, prision mayor. Therefore, accused-appellant shall be sentenced to suffer an indeterminate penalty of eight (8) years and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum. There is a need to modify the trial court's award of damages. The amount of P50,000.00 is maintained, not as actual and compensatory damages but as civil indemnity for loss of life.[22] The amount of P100,000.00 as moral damages must be reduced to | |||||