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    People vs. Amaguin Digest

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    The Supreme Court ruled that the mitigating circumstance of voluntary surrender should be appreciated in this case. While Willie and Gildo Amaguin took a week to turn themselves in after the crime, they voluntarily surrendered to police authorities before arrest. For voluntary surrender to be considered, the offender must not have been arrested yet, must surrender to an authority, and the surrender must be voluntary. All of these elements were present for Willie and Gildo Amaguin.

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    People vs. Amaguin Digest

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    avocado books
    926 views2 pages
    The Supreme Court ruled that the mitigating circumstance of voluntary surrender should be appreciated in this case. While Willie and Gildo Amaguin took a week to turn themselves in after the crime, they voluntarily surrendered to police authorities before arrest. For voluntary surrender to be considered, the offender must not have been arrested yet, must surrender to an authority, and the surrender must be voluntary. All of these elements were present for Willie and Gildo Amaguin.

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    The Supreme Court ruled that the mitigating circumstance of voluntary surrender should be appreciated in this case. While Willie and Gildo Amaguin took a week to turn themselves in after the crime, they voluntarily surrendered to police authorities before arrest. For voluntary surrender to be considered, the offender must not have been arrested yet, must surrender to an authority, and the surrender must be voluntary. All of these elements were present for Willie and Gildo Amaguin.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    926 views2 pages

    People vs. Amaguin Digest

    Uploaded by

    avocado books
    The Supreme Court ruled that the mitigating circumstance of voluntary surrender should be appreciated in this case. While Willie and Gildo Amaguin took a week to turn themselves in after the crime, they voluntarily surrendered to police authorities before arrest. For voluntary surrender to be considered, the offender must not have been arrested yet, must surrender to an authority, and the surrender must be voluntary. All of these elements were present for Willie and Gildo Amaguin.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 2

    People vs Amaguin

    G.R. Nos. 54344-45. January 10, 1994.


    Topic: Mitigating Circumstance (Voluntary Surrender)

    Facts:
    As supported by the testimony of certain Hernando Oro and Danilo Oro, the accused
    Gildo Amaguin, also known as "Tigib," guilty beyond reasonable doubt of the crime of Murder
    in the Court of First Instance of Iloilo, Branch II, while Willie Amaguin alias "Tikboy," was
    found guilty as an accomplice. In such case, accused Willie Amaguin and Gildo Amaguin had
    appealed claiming that the court erred (a) in categorizing the offense/s as murder; (b) in finding
    Willie Amaguin to be the person involved in the incident; (c) in holding that there was
    conspiracy between the brothers Gildo and Celso Amaguin (the latter is at large); (d) in finding
    Gildo Amaguin to be armed with a knife and an Indian target when he was only armed with
    stones; and, (e) even assuming the accused to be guilty, in not holding them responsible for their
    individual acts, and in not appreciating the mitigating circumstance of voluntary surrender.
    Hernando narrated that in the afternoon of 24 May 1977, he and his brothers Diosdado
    and Danilo, brother-in-law Rafael Candelaria, and first cousin Sergio Argonzola were invited by
    their eldest brother Pacifico to the latter's house in the interior of Divinagracia Street, La Paz,
    Iloilo City, for a small gathering to celebrate the town fiesta. At about five o'clock in the
    afternoon, after partaking of the meager preparations put together by Pacifico, he (Hernando) and
    his companions decided to leave. They were accompanied by their host to the plaza where they
    could get a ride.
    On their way, while traversing Divinagracia Street, Pacifico was called by accused Celso
    Amaguin where after the former refused the latter’ invite, the latter immediately, with a butcher's
    knife in hand, rushed towards Pacifico. Gildo, Celso's younger brother, with a knife tucked to his
    waist, followed with a slingshot known as "Indian pana" or "Indian target". While Gildo aimed
    the dart from his slingshot at Danilo, which hit the latter on the chest, Celso hacked Pacifico.
    Gildo then stabbed Diosdado with a knife. Thereafter, Willie, the eldest of the Amaguin brothers,
    appeared with a handgun and successively shot the brothers Pacifico, Diosdado and the fleeing
    Danilo. Diosdado, own kneeling, gasping for breath and pleading for his life, was again shot by
    Willie who next fired anew at Pacifico. Meanwhile, Gildo and Celso repeatedly stabbed Pacifico
    who already lying prostrate and defenseless.

    Issue:
    Whether or not the mitigating circumstance of voluntary surrender should be appreciated at the
    case at bar.
    Ruling:
    YES. While it may have taken both Willie and Gildo a week before turning themselves in, the
    fact is, they voluntarily surrendered to the police authorities before arrest could be effected. For
    voluntary surrender to be appreciated as a mitigating circumstance, the following elements must
    be present:
    (a) the offender has not been actually arrested;
    (b) the offender surrendered himself to a person in authority; and
    (c) the surrender must be voluntary. All these requisites appear to have attended their
    surrender.

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