SPECIAL THIRD DIVISION
G.R.
NO. 176566 ELISEO EDUARTE Y COSCOLLA V. PEOPLE OF THE
Promulgated:
October
2, 2009
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CONCURRING AND DISSENTING OPINION
CARPIO MORALES, J.:
I concur with the Resolution but it
is with respect to the appreciation of supposed analogous mitigating
circumstances therein that I register my dissent. The circumstances mentioned therein are, to
me, not analogous to voluntary surrender.
The Resolution declares that
yielding to arrest without any attempt to resist is analogous to voluntary
surrender. People v. Rabuya (182 Phil. 490, 504) dictates otherwise,
however.
Even if accused-appellant suggested
to the private complainant that they go to the police station, this is not akin
to voluntary surrender. For, material in
the appreciation of accused-appellant’s claim in this regard is the testimony
that he introduced himself as a police station commander, to deter or scare the
private complainant from pointing to him as the robber. Further, accused-appellant’s suggestion to go
to the police station was apparently meant to “clear his name” against the
private complainant’s accusation (Vide: People v. Abella, 393 Phil. 513, 538 [2000]) and not to
acknowledge his guilt.
In the same vein, accused-appellant’s
“non-flight” is not analogous to voluntary surrender. His supposed actuation of staying put is consistent with
the bravado he had initially displayed when he casually walked inside a food
chain store as if nothing happened and thereafter flaunted a police badge and
introduced himself as a policeman to the private complainant and her
friend.
CONCHITA
CARPIO MORALES
Associate Justice