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Voluntary surrender or confession, A13(7) Revised Penal Code

1. Concept

Voluntary surrender – refers to the mitigating circumstance under the Revised Penal Code wherein the accused voluntarily surrender to a person in authority or the latter’s agents, or voluntarily confessed to his/her guilt before the court prior to the presentation of the evidence for the prosecution.

a. Legal basis

Article 13. Mitigating circumstances. - The following are mitigating circumstances;

7. 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;

(Revised Penal Code)

2. Voluntary surrender or confession

a. Voluntary surrender

For the mitigating circumstance of voluntary surrender or confessions, the accused must have done so freely and willfully, without any force, duress, intimidation, or undue influence.

A surrender to be voluntary must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities. (People v. Reyes, En Banc, G.R. No. L-33154, February 27, 1976, Per Curiam)

1) Requisites

Requisites of voluntary surrender:

1) The accused has not been actually arrested;

2) The accused surrenders himself to a person in authority or the latter’s agent; and

3) The surrender is voluntary. (People v. Placer, G.R. No. 181753, October 9, 2013, Per Bersamin, J.)

People v. Reyes, En Banc, G.R. No. L-33154, February 27,...

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