Case Digest (G.R. No. 258592)
Facts:
Rodrigo Loza y Apolonio v. People of the Philippines, G.R. No. 258592 (Formerly UDK No. 17170), August 12, 2025, the Supreme Court En Banc, Gaerlan, J., writing for the Court.Petitioner Rodrigo Loza was charged in an Information with the crime of bigamy under Article 349 of the Revised Penal Code (Act No. 3815). The Information alleged that Loza, while still legally married to Fe Dy Loza, contracted a subsequent marriage with Ivy Aringo y Tiansay solemnized on September 16, 2002. Loza was arraigned on November 28, 2016 and initially pleaded not guilty; he later sought to change his plea and submitted a plea-bargaining proposal.
On August 30, 2016 Loza applied for an NBI clearance at the NBI Laguna District Office where his name had a “hit.” Special Investigator Mark Anthony G. Diaz (SI Diaz) interviewed him and, after verifying records with NBI Manila, served upon Loza a warrant of arrest during Loza’s follow-up interview on September 7, 2016. SI Diaz testified that upon being informed of the warrant Loza said “Masuko na lang ako” and did not resist arrest; he later issued a Certification dated September 13, 2017 stating that Loza voluntarily surrendered and posted bail.
Branch 5, Regional Trial Court (RTC) of Legazpi City, in Criminal Case No. 9878, rendered a Decision on April 6, 2018 finding Loza guilty beyond reasonable doubt of bigamy and sentencing him to the indeterminate penalty of imprisonment from six months and one day of prision correccional (minimum) to six years and one day of prision mayor (maximum). The RTC declined to credit Loza with voluntary surrender as an additional mitigating circumstance, reasoning that (inter alia) the arrest warrant had been outstanding since 2003, that Loza’s arrest was inevitable, and that his “surrender” lacked spontaneity.
Loza appealed. The Court of Appeals (First Division) affirmed the RTC in a Decision dated October 26, 2020 (CA-G.R. CR No. 41783) and denied Loza’s Motion for Reconsideration in a R...(Pro-only)
Issues:
- Is petitioner Rodrigo Loza entitled to the mitigating circumstance of voluntary surrender under Article 13(7) of the Revised Penal Co...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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