This case has been cited 1 times or more.
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2002-09-27 |
YNARES-SANTIAGO, J. |
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| himself to a person in authority or an agent of a person in authority; and (3) his surrender was voluntary. It is sufficient that the surrender be "spontaneous and made in a manner clearly indicating the intent of the accused to surrender unconditionally, either because he acknowledges his guilt or he wishes to save the authorities the trouble and expense which will necessarily be incurred in searching for and capturing him.[20] We find that accused-appellant's surrender to Barangay Captain Delfin Punzalan right after the incident satisfies the foregoing elements. The penalty for murder is reclusion perpetua to death. Considering the mitigating circumstance of voluntary surrender and the lack of any aggravating circumstance, the proper imposable penalty is reclusion perpetua.[21] | |||||