Wednesday, July 15, 2009

Voluntary Surrender

For the mitigating circumstance of voluntary surrender to be appreciated, the defense must prove that:
  1. the offender had not been actually arrested;
  2. the offender surrendered himself to a person in authority;
  3. the surrender was spontaneous and voluntary. (People v. Obligado, G.R. No. 171735, April 16, 2009)

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