Philippine Bar review · Question

Practice question: Mitigating Circumstances

Multiple Choice Hard Jurisprudence

Practice question

A court has properly credited a timely voluntary guilty plea. The accused also proves a separate spontaneous and unconditional surrender to a person in authority before actual arrest. The prosecutor says both can never be considered because they appear in Article13(7)'s same paragraph. Which is correct?
  1. The plea automatically erases the surrender's legal significance.
  2. Surrender can count only if the accused pleads not guilty forever.
  3. The paragraph requires the court to ignore both.
  4. The circumstances are distinct and may both be credited when separately established, subject to the governing penalty rules.
  5. Two mitigating circumstances always require acquittal.

Legal references

  • https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — Revised Penal Code Article13(2) and(7).
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70223 — Loza v. People, G.R.258592, August12 2025, MAIN en banc opinion, voluntary surrender and totality of circumstances.

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