This case has been cited 1 times or more.
|
2000-10-25 |
GONZAGA-REYES, J. |
||||
| persistently and continuously followed it notwithstanding that he had ample time to allow his conscience to overcome the determination of his will, if he had so desired after meditation and reflection. This circumstance is not proven where there is no evidence, as in this case, as to the time when the defendant decided to kill the victim. Nowhere is there an indication in the testimony of the lone eyewitness, as to when the accused-appellant decided to stab the victim, or as to the time that lapsed after the accused-appellant planned to kill the deceased up to the time that the killing took place, that would establish that there was sufficient or substantial period of time that lapsed after he conceived of the idea of attacking the deceased and the actual perpetration of the crime. The element of sufficient time is necessary to show that his decision is the result of the calculation, or reflection, or persistent attempt.[17] Neither is there present an aggravating circumstance of "private relations of accused-appellant with the offended party" arising from the fact that the victim was the maid of the accused-appellant. The alternative circumstance of relationship shall be taken into consideration | |||||