Practice question
An accused returns to an investigative office for a scheduled interview. On first being informed that an arrest warrant is outstanding, the accused immediately and unconditionally gives himself up before service of the warrant. Credible testimony establishes spontaneity, and no flight or attempt to evade capture is shown. The prosecutor says the warrant's existence alone makes surrender legally involuntary. Under Loza, which is best?
- An outstanding warrant automatically defeats every surrender claim.
- The court must assess the totality; the warrant's prior existence alone does not negate a properly established voluntary surrender.
- Returning for an interview necessarily proves flight.
- A document later using the word 'arrested' conclusively overrides all testimony.
- No surrender can occur inside an investigative office.
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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