MANILA – A person who voluntarily surrenders to authorities may be entitled to a mitigating circumstance if eventually convicted, although the determination ultimately rests with the court, Justice Undersecretary Nicholas Ty said.

In a report, it said that during a press briefing, Ty explained that voluntary surrender may be considered in imposing the penalty after conviction.

“If the accused is eventually convicted, the mitigating circumstance of voluntary surrender will be considered for purposes of assessing the penalty that will be imposed on him,” Ty said.

He clarified, however, that voluntary surrender has no bearing on whether an accused may be granted bail.

Ty made the statement after the Sandiganbayan ordered the arrest of Sen. Rodante Marcoleta, former Anakalusugan party-list Rep. Michael Defensor, and businessmen Joseph Varias Espiritu and Aristotle Baluyut Viray in connection with a plunder case.

Marcoleta later surrendered and was taken to Camp Crame in Quezon City.

Ty said it is the court—not the parties involved—that will ultimately determine whether an accused voluntarily surrendered or was arrested.

“Kadalasan… madali sabihin kung simpleng na-aresto o simpleng nag voluntary surrender ‘yung isang akusado. But minsan nagkakaroon ng mga sitwasyon na hindi masyadong klaro, lalo na kung… masyadong magkalapit ‘yung mga timeline na pagpunta ng akusado sa korte at doon sa pag serve sa kanya nung warrant of arrest,” he said.

“Often, it is easy to determine whether an accused was simply arrested or voluntarily surrendered. But there are situations where it is not so clear, especially when the timeline between the accused’s appearance before the court and the service of the warrant of arrest is very close.”

“Kapag ganon ‘yung sitwasyon, ipaubaya na lang natin sa korte kung ano ba talagang tingin ng korte sa nangyari. Was it an arrest or was it a voluntary surrender,” Ty added.

“When that happens, we should leave it to the court to determine what actually transpired. Was it an arrest or was it a voluntary surrender?”

Ty also noted that in February, the Supreme Court ruled that the mitigating circumstance of voluntary surrender should be evaluated based on the accused’s genuine intent and the totality of the evidence.