This case has been cited 6 times or more.
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2010-02-24 |
LEONARDO-DE CASTRO, J. |
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| In order that the mitigating circumstance of voluntary surrender may be credited to the accused, the following requisites should be present: (a) the offender has not actually been arrested; (b) the offender surrendered himself to a person in authority; and (c) the surrender must be voluntary. A surrender, to be voluntary, must be spontaneous, i.e., there must be an intent to submit oneself to authorities, either because he acknowledges his guilt or because he wishes to save them the trouble and expenses in capturing him.[46] | |||||
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2009-06-16 |
PUNO, C.J. |
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| In People v. Galapin,[73] People v. Continente,[74] United States v. Lasada,[75] People v. Mobe,[76] People v. Irinea,[77] People v. Rillorta,[78] People v. Cagalingan,[79] People v. Villanueva,[80] People v. Magno,[81] People v. del Rosario,[82] People v. Yrat,[83] People v. Saul,[84] and People v. Tamayo,[85] the principal and accomplice were ordered to pay jointly and severally the entire amount of the civil indemnity awarded to the victim. In People v. Sotto,[86] the accomplice was ordered to pay half of the amount of civil indemnity imposed by the trial court, while the principal was liable for the other half. In People v. Toring,[87] the principal, accomplice and the accessory were made jointly and severally liable for the entire amount of the civil indemnity. | |||||
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2008-10-29 |
CHICO-NAZARIO, J. |
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| All of the foregoing requisites are present in the case at bar. Appellant had not been actually arrested by the police or other law enforcers. He surrendered unconditionally to the mayor of Batangas City, a person in authority, thereby saving the police trouble and expenses which it would otherwise incur in his search and capture. The fact that appellant surrendered two weeks after the incident is immaterial. We have held that for voluntary surrender to mitigate an offense, it is not required that the accused surrender at the first opportunity.[57] As long as the aforementioned requisites are met, voluntary surrender can be appreciated.[58] | |||||
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2008-09-16 |
BRION, J. |
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| A: On entry 4302 21 August, 1989 07 hundred hours Clemente Casta y Carolino, 21 years old, single, fisherman, resident of Goyuden Bolinao, Pangasinan was brought into this station for investigation following his voluntary surrender to have allegedly killed Danilo Camba on or about 1500 hundred hours 20 August 1989 in Goyuden this municipality.[44] That the appellant surrendered only in the morning of August 21, 1989 (or a day after the stabbing incident) does not diminish nor affect the voluntariness of his surrender. For voluntary surrender to mitigate an offense, it is not required that the accused surrender at the first opportunity.[45] Here, the appellant went voluntarily went with SPO1 Camba to the police station within a day after the killing to own up to the killing. Thus, the police did not devote time and effort to the investigation of the killing and to the search and capture of the assailant. | |||||
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2007-04-13 |
CALLEJO, SR., J. |
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| Aggression, if not continuous, does not constitute aggression warranting self-defense.[53] When unlawful aggression ceases, the defender no longer has any justification to kill or wound the original aggressor. The assailant is no longer acting in self-defense but in retaliation against the original aggressor.[54] | |||||
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2007-02-06 |
CHICO-NAZARIO, J. |
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| For conspiracy to exist, the participants must agree to the commission of the felony and decide to commit it, which agreement may be deduced from the mode and manner of the commission of the offense or inferred from the acts that point to joint purpose and design, concerted action and community of intent. x x x.[76] While conspiracy need not be established by direct evidence, it is, nonetheless, required that it be proved by clear and convincing evidence by showing a series of acts done by each of the accused in concert and in pursuance of the common unlawful purpose.[77] | |||||