Rivera v CA

Subject: CrimPro Topic: Jurisdiction over the Digest Maker: Aaron Misa
Accused
G.R No. 125867 Date: May 31, 2000 Ponente: Bellosillo
SUMMARY: At the case at bar, the accused Benjamin Rivera was found guilty of the murder of Renato Camacho.
Among the issues raised was whether or not the mitigating circumstances of voluntary surrender may be appreciated in
Rivera’s case. The Court ruled in the affirmative, by virtue of Rivera voluntarily submitting himself to the jurisdiction of the
trial court before his arrest.

RELEVANT PROVISION/S:
RPC Article 13.8: Mitigating Circumstances - The following are mitigating circumstances:
- That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had
voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution

The voluntary submission of the accused to the jurisdiction of the court is accomplished either by his pleading to the
merits such as by filing a motion to quash or other proceedings requiring the exercise of the court’s
jurisdiction, appearing for arraignment, or entering trial

FACTS:
● The victim Camacho was playing mahjong in front of the accused Rivera’s family house when a gun was fired,
instantly killing him.
● The accused was positively identified by the prosecution’s witnesses as the shooter, which defeated his alibi of
physical impossibility
● Rivera was found guilty by the trial court

FALLO:
ISSUE Can the mitigating circumstance of voluntary submission be appreciated in Rivera’s case?

RATIO YES - The records show that when the information was filed after the preliminary investigation, Rivera
voluntarily submitted himself to the jurisdiction of the trial court, and posted his bailbond before he could be
arrested
- The fact that the order of the arrest was already issued is no bar to the consideration, because the
law does not require that the surrender be prior to the order of the arrest.

RULING:
WHEREFORE, the Petition is DENIED. The Decision of the Court of Appeals dated 31 July 1996 affirming that of the
trial court finding petitioner BENJAMIN RIVERA guilty of Murder qualified by treachery but mitigated by voluntary
surrender, and sentencing him to a minimum of ten (10) years and one (1) day of prision mayor maximum, as minimum,
to seventeen (17) years four (4) months and one (1) day of reclusion temporal maximum, as maximum, and further
ordering him to pay the heirs of Renato U. Camacho the amount of P50,000.00 as civil indemnity for death, another
P50,000.00 for moral damages and P9,770.00 for actual damages, is AFFIRMED. Costs against petitioner Benjamin
Rivera