This case has been cited 1 times or more.
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2002-09-17 |
BELLOSILLO, J. |
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| voluntary surrender as a mitigating circumstance, namely: (a) the offender was not actually arrested; (b) he surrendered to a person in authority or to an agent of a person in authority; and, (c) his surrender was voluntary.[16] The spontaneity of his surrender cannot also be denied because even the weapon used in the crimes was yielded by his father to the policemen in his presence without objecting to its surrender nor denying his participation in the deadly clashes. Finally, we must reverse and set aside the conviction of the accused in Crim. Case No. 23-499 where he was charged with illegal possession of a firearm used in perpetrating the homicide and attempted homicide, i.e., violation of par. 2, Sec. 1, PD 1866, as a result of the | |||||