People v Tac-an (1990) case digest

G.R. No. 76338-39            February 26, 1990

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.

RENATO TAC-AN Y HIPOS, accused-appellant.

FELICIANO, J.:

FACTS:

Accused Renato Tac-an appeals from the decision of the Regional Trial Court of Tagbilaran City, convicting him of qualified illegal possession of a firearm and ammunition. 

The above-named accused, while acting under the influence of drugs and without any license or permit from the proper authorities, did have ill his possession custody and control an unlicensed firearm, a SMITH & WESSON Airweight caliber .38 revolver and without any justifiable cause and with intent to kill, used the said firearm and ammunitions to shoot one Francis Ernest Escano III hitting and inflicting upon the latter the following gunshot wounds.

Appellant contends that he had voluntarily surrendered and that the trial court should have considered that mitigating circumstance in his favor.

ISSUE: 

Whether or not Renato's voluntary surrender warrant him a mitigating circumstance. 

HELD: 

No. Renato surrendered his gun, not himself, by handing over the weapon through the balustrade of the faculty room. Secondly, he surrendered the gun to his brother, who was not in any case a person in authority nor an agent of a person in authority. Thirdly, Renato did not surrender himself he was arrested by Capt. Lazo. The fact that he did not resist arrest, did not constitute voluntary surrender. Finally, if it be assumed that Renato had surrendered himself, such surrender cannot be regarded as voluntary and spontaneous. Renato was holed up in the faculty room, in effect holding some teachers and students as hostages. The faculty room was surrounded by Philippine Constabulary soldiers and there was no escape open to him.