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Case Digest on People v. Acuram G.R. No. 117954(April 27, 2000)

November 27, 2010


The appellant shot the victim who later died. After charges were filed and his commanding officer was told of the incident, he was ordered not to leave camp, where he surrendered.

HELD:

Whether the accused is entitled to the mitigating circumstance of voluntary surrender

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 them the trouble and expense necessarily incurred in his search and capture. In this case, it was appellant’s commanding officer who surrendered him to the custody of the court. Being restrained by one’s superiors to stay within the camp without submitting to the investigating authorities concerned, is not tantamount to voluntary surrender as contemplated by law.

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