Dear PAO,

My friend was suspected of killing his livein partner, Nicole. Eventually, Nicole’s mother filed a complaint against my friend. He talked to me and argued that Nicole’s death was an accident. I would like to ask about the possible implication should my friend voluntarily surrender before the warrant of arrest is issued. Is there any possibility that he might be exonerated from the crime charged?

Chito

Dear Chito,

Should there be a valid voluntary surrender, it will be merely considered as a mitigating circumstance; it will not exonerate your friend from the commission of the crime. As a consequence of which, it will lower the imposable penalty for the crime charged.

Article 13 of the Revised PeNAL CODE CLEARLY SPECIfiES THAT A voluntary surrender to person in authority or his agents is one of the mitigating circumstances that reduces the penalty for the crime charged, viz:

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

“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; xxx” (Emphasis supplied)

Further, in order to consider the voluntary surrender as a mitigating circumstance, the Supreme Court in the case of Rosario T. De Vera vs. Geren A. De Vera (GR 172832, April 7, 2009, Ponente: Associate Justice Antonio Eduardo Nachura), explained that the following requisites should be present: the offender has not been actually arrested; the offender surrendered himself to a person in authority or the latter’s agent; the surrender was voluntary; and there is no pending warrant of arrest or INFORMATION fiLED.

It likewise noted that the circumstances of the surrender must show that it was made spontaneously and in a manner clearly indicating the intent of the accused to surrender unconditionally, either because he acknowledges his guilt or he wishes to save the authorities the trouble and expense which will necessarily be incurred in searching for and capturing him.

We hope that we were able to answer your queries. This advice is 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.