This case has been cited 1 times or more.
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2004-01-15 |
AUSTRIA-MARTINEZ, J. |
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| In imposing the proper penalty, the lower courts failed to take into consideration the mitigating circumstance of voluntary surrender in favor of petitioner Aradillos. Evidence show that Aradillos spontaneously and unconditionally surrendered to the authorities immediately after the incident, placing himself at their disposal, and saving them the time and effort attendant to a search.[63] Purok Leader Benjamin Autida testified that Aradillos and Galabo immediately went to him after the incident and surrendered.[64] This was corroborated by SP02 Celso Hernandez who attested that by the time Rosa Alviola reported the incident to them, Autida had already endorsed petitioners Aradillos and Galabo to their office.[65] Thus, the mitigating circumstance should lighten the penalty to be imposed on petitioner Aradillos. | |||||