This case has been cited 1 times or more.
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2000-05-31 |
BELLOSILLO, J. |
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| Although evident premeditation is alleged in the Information as an aggravating circumstance, the trial court correctly disregarded it considering that the prosecution did not prove the concurrence of these elements: (a) the time when the accused determined to commit the crime; (b) an act manifestly indicating that the accused clung to his determination to commit the crime; and, (c) a sufficient lapse of time between such determination and its execution to allow him to reflect upon the consequences of his act.[27] Evident premeditation must be proved as clearly as the crime itself and may not be deduced merely from conclusions and inferences.[28] | |||||