Andrada vs People

Date: March 4, 2005

Petitioner: Peter Andrada
Respondent: People of the Philippines

Nature: This case is a petition for review on certiorari of the decision of the CA which charged
the petitioner with frustrated murder.
Ponente: Sandoval-Guttierez

Facts: - On September 24, 1986 at about 1:15 am, Sgt Sumabong, Sgt Gaces and Cpl Aresinio
Ugerio were eating at the Marlow’s Restaurant in Baguio City. When Cpl Ugerio talked to a
woman who passed by their table, petitioner Peter Andrada, approached him and scolded him.
Sgt. Sumabong advised Andrada to pay his bills and go home as he was apparently drunk.
- As Sumabong was paying the bills, he heard Ugerio moan in pain. He then saw Andrada
hacking Ugerio with a bolo. Sumabong approached them but Andrada ran away. Andrada was
then arrested in a waiting shed at the corner of Camdas Road and Magsaysay Ave.
- Andrada invoked self defense claiming that Ugerio and Sumabong slapped his face and
pointed their guns to his head. He also said that he ran away to his house in Camdas Subd. He
checked to see if his mother was around to accompany him to surrender, but nobody was home.
On his way to surrender, he say his mother with a policeman. They proceeded to the police
station in Magsaysay Ave where Andrada surrenderd. The RTC however ruled against Andrada.

Issue: WON the mitigating circumstance of voluntary surrender can be invoked by Andrada

Held: No

Ratio: - Evidences showed that Andrada, after attacking the victim, ran away. However, he was
apprehended by the policemen who were in the waiting shed.
- For voluntary surrender to be accepted as a mitigating circumstance, it should be
spontaneous and it must show that Andrada has the real interest to surrender unconditionally to
the police authorities.
- In this case however, surrender was not spontaneous.