SC: Voluntary surrender hinges on intent, not arrest wording

The Supreme Court said voluntary surrender as a mitigating circumstance must be determined based on an accused’s true intent and the totality of circumstances, not merely on how the arrest was documented.

In a decision penned by Associate Justice Samuel Gaerlan dated 12 August 2025, the SC en banc reduced the sentence of a man convicted of bigamy after recognizing his voluntary surrender.

Records showed that the accused went to the National Bureau of Investigation to apply for clearance, where a records “hit” revealed he had a pending case.

He admitted this to the NBI officer and was told to return after verification.

A week later, when he returned, he was informed of a 13-year-old arrest warrant in connection with a bigamy charge.

He told the officer he would surrender and sought assistance in posting bail. The warrant was subsequently served.

Although the NBI later issued a certificate stating that he voluntarily surrendered, the warrant’s return and release order described him as “arrested.”

He was convicted of bigamy by the Regional Trial Court, which appreciated his plea of guilt but rejected voluntary surrender as a mitigating circumstance, citing the wording of the arrest documents and the long pendency of the case.

The Court of Appeals affirmed the ruling, saying he went to the NBI for clearance, not to surrender, and that he had no real choice once inside the office.

Citing Article 13(7) of the Revised Penal Code, the SC said voluntary surrender requires that the accused had not yet been arrested, surrendered to a person in authority or their agent, and did so voluntarily.

The Court found that the accused returned to the NBI and expressed his intent to surrender before the warrant was served.

He surrendered to an NBI officer, a person in authority, and there was no showing that he attempted to evade arrest.

While he initially sought clearance, his decision to return despite possible legal exposure indicated willingness to submit to authorities.

The Court noted there was no proof that he knew a warrant had already been issued, and he openly used his real name and returned on his own.

The ruling stressed that voluntary surrender should be assessed with a “more considerate and broad-minded approach” once guilt is established.

The Court laid down guiding principles, including that the issuance of a warrant is distinct from surrender; that delay alone does not negate voluntariness; that the likelihood of arrest must be weighed against evidence of flight; and that intent must be evaluated alongside all surrounding circumstances.

However, where records do not clearly show voluntary surrender, doubt cannot be resolved in favor of the accused.

The SC reminded trial judges to avoid mechanical conclusions and to evaluate each case fully and fairly, noting that while penal laws may be harsh, they “need not be harsher.”

The accused’s prison term was reduced from a maximum of six years to four years.