This case has been cited 6 times or more.
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2003-07-17 |
PER CURIAM |
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| The aggravating circumstances of evident premeditation and use of motor vehicle have both been alleged and proved. Where conspiracy is directly established, with proof of the attendant deliberations and selection of method, time and means of executing the crime, the existence of evident premeditation can be considered[16] for then its own elements, i.e., 1) the time when the offenders determined to commit the crime; 2) an act manifestly indicating that the offenders clung to their determination; and 3) a lapse of time between the determination and the execution sufficient to allow the offenders to reflect upon the consequences of the act,[17] themselves would have thereby become evident. The use of a motor vehicle is aggravating when it is used either to commit the crime or to facilitate escape.[18] Appellants, indeed, have made use of a taxicab to tail the victim in her car, bump her vehicle, drive past her and eventually rob and kill her. | |||||
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2000-05-31 |
BELLOSILLO, J. |
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| As to treachery, we affirm the finding of the trial court as these elements were present: (a) the employment of means, method or manner of execution to ensure the safety of the malefactor from the defensive or retaliatory acts of the victim, no opportunity being given the latter to defend or retaliate; and, (b) the deliberate or conscious adoption of such means, method, or manner of execution.[21] | |||||