People of the Philippines vs. Guillermo Nepomuceno, Jr.

G.R. No. 127818. November 11, 1998.

Facts:

While having argument with his wife, Guillermo Nepomuceno, Jr. was seen by their maid getting a
gun from a drawer. Few moments later, the maid heard a gunshot. She saw Guillermo
Nepomuceno, Jr. coming out of the room instructing her to get a taxi so he could bring his
wounded wife Grace to the hospital. Consequently, the victim died due to fatal gunshot wound.

Paraffin examination of both the hands of the victim and those of accused-appellant revealed that
victim’s hands negative of nitrates, but found accused appellant’s right hand positive thereof.

A case was then filed against Guillermo Nepomuceno for allegedly assaulting her wife thereby
inflicting her gunshot wound which was necessarily fatal and the immediate cause of her death.
Upon arraignment, accused-appellant, entered a plea of not guilty.

The RTC rendered that judgment of conviction to the Guillermo Nepomuceno imposing upon him
the penalty of imprisonment of Forty (40) years of reclusion perpertua. The accused then filed a
petition with the Supreme Court arguing that the RTC erred in not finding the killing was accidental
because for a fact, he voluntarily surrendered to the police.

Issue:

Whether the voluntary surrender of the accused to the police would constitute his exemption from
criminal liability.

Ruling of the Court:

No, Accused-appellant's voluntary surrender is not sufficient ground to exculpate him from criminal
liability. The law does not find unusual the voluntary surrender of criminal offenders; it merely
considers such act as a mitigating circumstance. Non-flight is not proof of innocence (People vs.
Quijada, 259 SCRA 191 [1996]).