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When the warrant of arrest had not been served or not returned unserved
because the accused cannot be located, the surrender is mitigating.
The law does not require that the surrender be prior to the order of arrest.
("When the warrant of arrest had not been served or not returned unserved
because the accused cannot be located, the surrender is mitigating.")
- "The mere filing of an information and/or the issuance of a warrant of
arrest will not automatically make the surrender involuntary."
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The surrender must be by reason of the commission of the crime for which
defendant is prosecuted.
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When the offender imposed a condition or acted with external stimulus, his
surrender is not voluntary.
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However, the trial court should determine whether the accused really and
truly comprehended the meaning, full significance and consequences of his
plea and that the same was voluntarily and intelligently entered or given by
the accused.
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Criminal Law
Par. 8. - That the offender is deaf and dumb, blind or otherwise suffering from
some physical defect which thus restricts his means of action, defense, or
communication wit his fellow beings.
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Par. 9 - Such illness of the offender as would diminish the exercise of the will-
power of the offender without however depriving him of consciousness of his
acts.
Requisites:
1. That the illness of the offender must diminish the exercise of his will-
power.
2. That such illness should not deprive the offender of the
consciousness of his acts.
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Criminal Law
Par. 10. - And, finally, any other circumstances of a similar nature and
analogous to those abovementioned.
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Over 60 years old with failing sight, similar to over 70 years of age
mentioned in paragraph 2.
Criminal Law
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Bar Exam Questions and Suggested Answers on Mitigating Circumstances (Criminal Law)
QUESTION (2009):
No. XI. b. Voluntary surrender is a mitigating circumstance in all acts and omissions
punishable under the Revised Penal Code.
SUGGESTED ANSWER:
False, Voluntary surrender may be appreciated in cases of criminal negligence under Art.
365 since in such cases, the courts are authorized to imposed a penalty without considering
Art. 62 regarding mitigating and aggravating circumstances.
QUESTION (2012):
SUGGESTED ANSWER:
Criminal Law
Privileged mitigating circumstances are those that mitigate criminal liability of the crime
being modified to one or two degrees lower. These circumstances cannot be off-set by
aggravating circumstance. The circumstance of incomplete justification or exemption (when
majority of the conditions are present), and the circumstance of minority (if the child above
15 years of age acted with discernment) are privileged mitigating circumstances.
QUESTION (2012):
SUGGESTED ANSWER:
The distinction between ordinary and privilege mitigating circumstances are: (a) Under the
rules for application of divisible penalties (Article 64 of the Revised Penal Code), the
presence of a mitigating circumstance, has the effect of applying the divisible penalty in its
minimum period. Under the rules on graduation of penalty (Articles 68 and 69), the presence
of privileged mitigating circumstance has the effect of reducing the penalty one or two
degrees lower. (b) Ordinary mitigating circumstances can be off-set by the aggravating
circumstances. Privileged mitigating circumstances are not subject to the off-set rule.