Dear PAO,
I was caught up in a commotion, and was accused of being the one who hurt someone. I am planning to surrender to the barangay or to the police. If it is considered a “voluntary surrender,” will the penalty be reduced? How will the court recognize or treat such act?
Ramil
Dear Ramil,
Yes, the penalty may be reduced if the court recognizes voluntary surrender as a mitigating circumstance. Under Article 13 of the Revised Penal Code of the Philippines:
“Article 13. Mitigating circumstances. – The following are mitigating circumstances: xxx
“1. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution.”
The court may appreciate voluntary surrender as a mitigating circumstance; however, for it to be so considered, the surrender must comply with the requisite elements and satisfy the test of spontaneity. In People of the Philippines vs. Abengoza (G.R. No. 33085, September 21, 2020) penned by Associate Justice Samuel H. Gaerlan, the Supreme Court set forth the elements of voluntary surrender for it to be appreciated as a mitigating circumstance, as follows:
“Voluntary surrender is regarded as a mitigating circumstance provided that the following requisites obtain: (i) the accused has not been actually arrested; (ii) the accused surrenders himself to a person in authority or the latter’s agent; and (iii) the surrender is voluntary.”
Because the law rewards conduct that spares the government the burden of apprehending the accused, courts thus emphasize spontaneity — that is, a genuine and uncoerced decision to submit oneself to the authorities. This was further elucidated in Pascual, et al. vs. People of the Philippines, (G.R. No. 241901, November 25, 2020), where the Supreme Court, through Associate Justice Henri Jean Paul B. Inting, stated:
“The essence of voluntary surrender is spontaneity and the intent of the accused is give oneself up and submit to the authorities either because he/she acknowledges his/her guilt or he/she wishes to save the authorities the trouble and expense that may be incurred for his/her search and capture. Without these elements, and where the clear reason for the supposed surrender is the inevitability of arrest and the need to ensure his/her safety, the surrender is not spontaneous and therefore, cannot be characterized as ‘voluntary surrender’ to serve as mitigating circumstance.”
Furthermore, surrendering to the barangay suffices as surrender to a person in authority. This was discussed in People vs. Doca (G.R. No. 233479, October 16, 2019), where the Supreme Court, through Associate Justice Amy C. Lazaro-Javier, held:
“This Court finds, as the Court of Appeals did, that voluntary surrender should be credited in favor of appellant. The facts clearly show that appellant was not arrested; he surrendered to Brgy. Captain Palattao who brought him to the police station; and he surrendered voluntarily.”
Thus, to avail yourself of the mitigating circumstance of voluntary surrender, you must surrender promptly upon learning that you are being sought, and surrender to the proper authorities — such as a police officer or barangay captain who can properly turn you over to the authorities. Lastly, avoid making statements that negate spontaneity. While you may assert your rights and defenses, you should be mindful that claiming you were merely “compelled” may be construed as inconsistent with the intent underlying voluntary surrender.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
