Metro Manila, Philippines – Communications Undersecretary Claire Castro said the supposed voluntary surrender of Senator Jinggoy Estrada was negated by events surrounding his arrest inside the Senate, even as authorities had already served the arrest warrant.
In a Palace briefing on Tuesday, June 2, Castro said law enforcers had arrested the lawmaker inside the Senate before Estrada announced he would surrender.
“Nauna po ang pagsisilbi ng warrant of arrest bago sa kaniyang presscon so matatawag po itong pag-aresto,” Castro said.
[Translation: The service of the warrant of arrest came before his press conference… so this can be considered an arrest.]
She added that Estrada did not personally present himself to authorities such as the police or the court, which is required for voluntary surrender.
“Hindi po boluntaryong pumunta si Senator Jinggoy Estrada mismo sa mga law enforcers so tama po ang pananaw na hindi ito voluntary surrender kung hindi pag-aresto,” Castro said.
[Translation: Senator Jinggoy Estrada did not voluntarily present himself to law enforcers so it is correct to say this was not a voluntary surrender but an arrest.]
Castro also cited the actions of Senate President Alan Peter Cayetano during the incident, saying these further undermined claims of voluntariness.
“Makikita po ninyo hindi po ibinibigay nang kusa dahil hawak po literally ni Senator Alan Cayetano si Senator Jinggoy Estrada,” Castro said.
[Translation: You can see that Estrada was not given voluntarily because Senator Alan Cayetano was literally holding him.]
She added that authorities had to restrain Estrada, indicating he was not yet in official custody at the time.
“In other words, wala pa sa kustodiya nila so iyong voluntariness was negated sa mga ganoong akto,” Castro said.
[Translation: In other words, he was not yet in their custody… so the voluntariness was negated by those actions.]
What voluntary surrender means
Under Article 13 of the Revised Penal Code, voluntary surrender requires that a person personally submits to authorities before arrest, without force and with clear intent to face charges.
It is considered a mitigating circumstance because it demonstrates respect for the law and spares authorities the effort of locating and arresting the accused.
Voluntary surrender, if proven, may be considered a mitigating circumstance that can reduce the sentence, but it does not prevent arrest or affect the validity of the charges.
