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PEOPLE v. ORLANDO ACURAM

This case has been cited 3 times or more.

	GR No. 174479 2008-06-17	PEOPLE v. ZALDY GARCIA Y ANCHETA BRION, J.
The essence of voluntary surrender is spontaneity and the intent of the accused to give himself up and submit himself unconditionally to the authorities either because he acknowledges his guilt or he wishes to save the authorities the trouble and expense that may be incurred for his search and capture.[69] Without these reasons and where the clear reasons for the supposed surrender is the inevitability of arrest and the need to ensure his safety, the surrender cannot be spontaneous and cannot be the "voluntary surrender" that serves as a mitigating circumstance.[70]
	GR No. 123149 2001-03-27	PEOPLE v. CORNELIO CABUG MENDOZA, J.
It is also settled that an accused can be convicted even if no eyewitness is available, provided that enough circumstantial evidence has been established by the prosecution to prove beyond reasonable doubt that the accused committed the crime.[44] Circumstantial evidence will be considered sufficient if the following are shown:(a) There is more than one circumstance;
	GR No. 103613 2001-02-23	PEOPLE v. CA YNARES-SANTIAGO, J.
Consequently, Tangan should be sentenced to suffer the penalty of reclusion temporal. Pursuant to Article 64 of the Revised Penal Code, if the prescribed penalty is composed of three periods, and there is neither mitigating nor aggravating circumstance, the medium period shall be applied. Applying the Indeterminate Sentence law, the maximum of the indeterminate penalty shall be that which, in view of the attendant circumstances, may be properly imposed, which in this case is reclusion temporal medium with an imprisonment range of from fourteen (14) years, eight (8) months and one (1) day to seventeen (17) years and four (4) months. The minimum of the indeterminate sentence shall be the next lower degree which is prision mayor with a range of from six (6) years and one (1) day to twelve (12) years.[51] Hence, petitioner Tangan is sentenced to an indeterminate penalty of six (6) 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.