GR L 68790; (January, 1987) (Digest)
G.R. No. L-68790. January 23, 1987.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARLO LAGRANA y MAÑIBO and FRANGELINE SALAZAR, accused, CARLO LAGRANA y MAÑIBO, accused-appellant.
FACTS
On the evening of December 3, 1981, in Naujan, Oriental Mindoro, the victim Benito Adarlo was seated by the road near a store with accused Frangeline Salazar, who was holding one of the victim’s arms. Appellant Carlo Lagrana, Salazar’s uncle, arrived, focused a flashlight on the victim’s face, and then struck the victim on the head with a piece of wood, causing him to fall unconscious. The victim died days later from severe head trauma. Two eyewitnesses, the victim’s brother Nestor Adarlo and Pio Sigalat, positively identified Lagrana as the assailant.
At trial, Lagrana invoked self-defense, claiming the drunken victim had chased him with a knife, forcing him to strike back. The Regional Trial Court convicted Lagrana as principal and Salazar as accomplice for Murder, qualified by treachery. Salazar did not appeal. Lagrana appealed, not contesting his conviction but solely arguing that the trial court erred in not appreciating the mitigating circumstance of voluntary surrender, as he and Salazar reported to the police the morning after the incident.
ISSUE
Whether the accused-appellant Carlo Lagrana is entitled to the mitigating circumstance of voluntary surrender.
RULING
No, voluntary surrender cannot be appreciated. The Supreme Court affirmed the trial court’s judgment, modifying only the civil indemnity. For voluntary surrender to be mitigating, it must be spontaneous and demonstrate an unconditional submission to authorities, either through an acknowledgment of guilt or a desire to save the state the trouble of capture. The Court found these requisites absent. Lagrana and Salazar reported to the police not to surrender unconditionally but merely to “report the incident.” During interrogation, Lagrana asserted a claim of self-defense, thereby not acknowledging guilt. Their act of reporting, absent a clear intent to submit to the authorities’ will and accept responsibility, does not constitute the voluntary surrender contemplated by law. The conviction for Murder, qualified by treachery due to the sudden and unexpected attack that ensured the victim had no chance to defend himself, stands. The penalty of reclusion perpetua is affirmed, with the civil indemnity increased to P20,000.00.