THE LAWYER'S POST
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An accused may enjoy the mitigating circumstance of voluntary surrender if the following requisites are present: “1) the offender has not been actually arrested; 2) the offender surrendered himself to a person in authority or the latter’s agent; and 3) the surrender was voluntary.” We explained, “The essence of voluntary surrender is spontaneity and the intent of the accused to give himself up and submit himself 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.”
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“We find that in the case of accused-appellant, all the elements for a valid voluntary surrender were present. Accused-appellant at the time of his surrender had not actually been arrested. He surrendered to the police authorities. His surrender was voluntary, as borne by the certification issued by the police. There is, thus, merit to the claim of accused-appellant that he is entitled to the mitigating circumstance of voluntary surrender.
It bears noting that parricide, however, according to Art. 246 of the Revised Penal Code, is punishable by two indivisible penalties, reclusion perpetua to death. The Code provides under Art. 63(3) that when a law prescribes a penalty with two indivisible penalties and the commission of the act is attended by some mitigating circumstance and there is no aggravating circumstance, the lesser penalty shall be applied. But Section 3 of Republic Act No. (RA) 9346 (An Act Prohibiting the Imposition of Death Penalty in the Philippines) provides that “persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.” The proper sentence in the instant case would, thus, be reclusion perpetua which is still the lesser penalty.”
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G.R. No. 189834, March 30, 2011, PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JAY MANDY MAGLIAN Y REYES, ACCUSED-APPELLANT
