This case has been cited 4 times or more.
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2003-06-18 |
VITUG, J. |
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| Evident premeditation may be appreciated when the execution of the criminal act is preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment.[8] As its name suggests, evident premeditation must be clearly shown. Before it can be considered, its elements, i.e., 1) the time when the accused has decided to commit the crime, 2) an overt act manifestly indicating that the accused has clung to his determination to commit the crime, and 3) sufficient lapse of time between the decision to commit the crime and the execution thereof to allow for reflection upon the consequences of the act,[9] must be established with equal certainty and clarity as the criminal act itself.[10] The existence of conspiracy notwithstanding, evident premeditation cannot be presumed. Only where conspiracy is directly established, as opposed to its being merely implied, can this aggravating circumstance itself be possibly assumed to be attendant.[11] | |||||