MANUEL S.

ENVERGA UNIVERSITY FOUNDATION

COLLEGE OF CRIMINAL JUSTICE AND CRIMINOLOGY
Calauag Campus

Mr. Dennis Albert Gonzales

Instructor

NAME: __Wares, Michael Henry L.___ DATE: __Mar. 8 ‘21__

CASE ANALYSIS (People vs. Nimuan)

Instructions:
Answer the following questions. Formulate your own answer and avoid just copying
the text from the case.

PEOPLE OF THE PHILIPPINES vs REX NIMUAN y CACHO

G.R. No. 182458  March 21, 2011

Facts:
August 23, 2004, he was accused of murder within the Regional tribunal, Branch 31,
Agoo, La Union. The appellant pleaded guiltless on arraignment. Within the trial that
followed, an eyewitness Alfredo Ruiz, the brother of the victim Jun Ruiz and therefore the
appellant’s full cousin testified on the main points of the crime. Within the afternoon of July
22, 2004, while Alfredo was talking with friends, he saw the victim, the appellant, and a
particular Boy Nieva drinking in an exceedingly neighborhood store in Barangay San Eugenio,
Aringay, La Union. Later that afternoon, as Alfredo was walking home along a path inside
mango plantation within the barangay, he spotted the appellant and therefore the victim about
30 meters prior him, walking within the same trail resulting in their respective
houses. Unaware of his presence, the appellant who was walking a meter behind the victim
suddenly hacked the latter with a bolo. Alfredo ran away to hunt help when he saw the victim
fall to the bottom after the attack. The appellant, interposing alibi, claimed that between 3:00
and 5:00 p.m. of July 22, 2004, he was watching television at the house of his uncle, Manuel
Dulay, at San Benito Sur when a particular barangay Captain Cariño, together with a barangay
kagawad, arrived and informed him that he was a suspect within the death of the victim. The
appellant and his mother went with the barangay officials to the police office of Aringay, La
Union, where he was detained.

Issue:
Whether or not the mitigating circumstance of voluntary surrender is present.

Ruling:
The consideration of voluntary surrender cannot be appreciated during this case. Article13
paragraph 7 states that the offender had voluntarily surrendered himself to someone in
authority or his agents which such person confessed his guilt before the court before the
presentation for the prosecution. Within the case at bar, Nimuan can't be appreciated under the
circumstance of voluntary surrender because the appellant went with the barangay officials to
not admit the alleged crime or to voluntarily surrender to the authorities, but just for
verification purposes. Wherefore, the appellant was correctly sentenced to suffer the penalty of
 MANUEL S. ENVERGA UNIVERSITY FOUNDATION
COLLEGE OF CRIMINAL JUSTICE AND CRIMINOLOGY
Calauag Campus

Mr. Dennis Albert Gonzales

Instructor
reclusion perpetua since the circumstance of voluntary surrender can't be appreciated in his
favor; the records indicate that the appellant failed to will assume responsibility for the death
of the victim when he and his mother went with the barangay officials to the police office.