This case has been cited 2 times or more.
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2004-01-22 |
YNARES-SATIAGO, J. |
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| Allegations of bias on the part of the trial court should be received with caution, especially when the queries by the judge did not prejudice the accused. The propriety of a judge's queries is determined not necessarily by their quantity but by their quality and, in any event, by the test of whether the defendant was prejudiced by such questioning.[16] | |||||
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2001-02-26 |
BELLOSILLO, J. |
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| Evident premeditation to be considered must have these elements: (a) the time when the offender determined to commit the crime; (b) an act manifestly indicating that he clung to his determination; and, (c) a sufficient lapse of time between determination and execution to allow himself time to reflect upon the consequences of his act.[17] These elements must be established with equal certainty and clarity as the criminal act itself before it can be appreciated.[18] Here, since there is no showing as to when and how the plan to kill was hatched or how much time had elapsed before it was carried out, evident premeditation cannot be considered to exist.[19] | |||||