Scribd
Upload
92 views1 page

Minas - People v. Perreira, G.R. No. 220749, 20 January 2021

1) Perreira surreptitiously entered the house of Amel Bagan y Simplina, wrapped his arm around Bagan's neck, and stabbed him in the chest with a knife, killing him. Perreira was later arrested by barangay authorities and charged with murder. 2) Perreira claimed self-defense, saying Bagan attacked him first after a confrontation earlier in the day. However, the courts rejected this defense and found him guilty of murder. 3) The Supreme Court affirmed the ruling, holding that Perreira was not entitled to mitigating circumstances for voluntary surrender, as the requisites - that he had not been arrested, surrendered voluntarily to authorities, and

Uploaded by

Aeia Joy Minas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
92 views1 page

Minas - People v. Perreira, G.R. No. 220749, 20 January 2021

1) Perreira surreptitiously entered the house of Amel Bagan y Simplina, wrapped his arm around Bagan's neck, and stabbed him in the chest with a knife, killing him. Perreira was later arrested by barangay authorities and charged with murder. 2) Perreira claimed self-defense, saying Bagan attacked him first after a confrontation earlier in the day. However, the courts rejected this defense and found him guilty of murder. 3) The Supreme Court affirmed the ruling, holding that Perreira was not entitled to mitigating circumstances for voluntary surrender, as the requisites - that he had not been arrested, surrendered voluntarily to authorities, and

Uploaded by

Aeia Joy Minas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

People v. Perreira, G.R. No.

220749, 20 January 2021

FACTS:
On the evening of January 18, 2009, Perreira surreptitiously entered the house of Amel
Bagan y Simplina (Bagan). He positioned himself behind Bagan and wrapped his left arm around Bagan's
neck and stabbed him with a knife in the chest. Bagan was brought to the Quezon City General Hospital
where he was pronounced dead on arrival. The barangay authorities of Brgy. Balingasa eventually
arrested Perreira at the house of his aunt, Dorothea Macaraeg, and turned him over to the police for
inquest proceedings. He was charged with murder before the RTC.
In his defense, Perreira denied the allegations against him. He claimed that Bagan was
the aggressor who attacked him while he was walking down the street. The attack purportedly came
hours after a confrontation between Perreira and the Spouses Bagan earlier in the day. Thus, Perreira
was forced to defend himself which caused him to stab the victim. The RTC found Perreira guilty of
murder qualified by treachery.
On appeal, the CA affirmed the RTC’s judgment. It ruled that Perreira failed to establish
and prove the elements of self-defense. Perreira claimed that in the event he is found guilty of killing the
victim, the mitigating circumstance of voluntary surrender should be considered in his favor.

ISSUE:
Whether or not gravely erred in not appreciating the mitigating circumstances of
voluntary surrender and incomplete self-defense.
HELD:
No. The Court affirmed the lower courts' finding that Perreira is not entitled to the
mitigating circumstance of voluntary surrender. The requisites for voluntary surrender that: (1) the
offender has not been actually arrested; (2) the offender surrendered himself to a person in authority or
the latter's agent; and (3) the surrender was voluntary, were not met. The facts established herein parlay
that the barangay authorities had to search for Perreira and go to the place where he fled to. Only then
was he arrested.

You might also like