G.R. No.

L-29118 February 28, 1974

People vs. Turalba

FACTS
Pablo Fernandez while engage in his chore, was struck with shotgun blast. The
two witnesses’, Nemesio Fernandez and Ernesto Fernandez, the victim’s brother and
son, respectively identined Artemio Turalba as the perpetrator of the crime. Juanito Par
was near the store of Fernadez at the time he was shot. He chased Turalba within the
school premises. Being unarmed, he could not arrest Turalba. He rendered assistance in
taking Pablo Fernandez to the hospital. Policeman Emilio Calibo summons policemen
towards the house of the suspect. They recovered a shotgun which smelt gunpowder. On
the other hand, appellant Turalba denied that he was the killer. Guerrero Castillo testified
that it was Gregorio Manipon who shot Pablo Fernandez. Said counsel did not bother to
file any complaint against Manipon. The chief forensic chemist conducted a paraffin test
and the result was negative for gunpowder residue. Turalba contends that because the
paraffin test showed that his hands were negative for gunpowder and because another
suspect, Gregorio Manipon, was pointed out as the possible killer, his guilt was not proven
beyond reasonable doubt. That contention has no merit. The negative result of the
paraffin test is not a conclusive proof that Turalba was not the gun wielder. On May 11,
1964, Artemio Turalba surrendered to the office of Atty. Querubin Raceles of Asignan as
the former is suspected and charge of murder.

ISSUE
Whether or not Artemio Turalba is entitled to the mitigating circumstance of
voluntary surrender to the authorities.

RULING
The municipal judge of Villasis approved his bail bond since the Municipal Judge
of Asingan issued an order to approve Tarulba’s bail if he surrenders to the Villasis police.
It was held that his surrender to post a bond for his temporary release was in obedience
to the order of arrest and was tantamount to the delivery of his person to the authorities
to answer for the crime for which his arrest was ordered. Voluntary surrender to the
authorities was mitigating in that case. The law does not require that the surrender be
prior to the order of arrest.