THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.
FELICISIMO CANOY and FELICIANO ESTENDER, defendants- appellants.
Assistant Solicitor General Francisco Carreon and Solicitor Maximiano P.
Vivo, for plaintiff and appellee. Medina & Medina, for defendant and appellant.
SYLLABUS
1. EVIDENCE; CONFESSIONS; ADMISSIBLE EVEN IF NOT SWORN TO.
—A signed confession to the Chief of Police is admissible in evidence. The fact that confessions are not sworn to before any officer authorized to administer oath does not render them inadmissible or of no probative value. 2. CRIMINAL LAW; MITIGATING CIRCUMSTANCE OF SURRENDER. — Where it appears that it was not defendant's idea to send for the police for the purpose of giving himself up and that the police came upon being summoned through the initiative or request of another leading to his arrest, the accused cannot be held to have surrendered himself within the meaning of Article 13, paragraph 7, of the Revised Penal Code. 3. ID.; ID. — The fact that the accused did not escape or go into hiding to evade a foreseeable arrest is not an extenuating circumstance.
DECISION
TUASON, J : p
This was a prosecution in the Court of First Instance of Negros