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PEOPLE v. EFIPANIA DELA CRUZ GO

This case has been cited 3 times or more.

	GR No. 181204 2011-11-28	PEOPLE v. EDGAR CONCILLADO DEL CASTILLO, J.
On the other hand, evident premeditation "requires proof showing: (1) the time when the accused decided to commit the crime; (2) the overt act manifestly indicating that he clung to his determination; (3) a sufficient lapse of time between the decision and the execution, allowing the accused to reflect upon the consequences of his act. Such proof must be based on external acts that are not merely suspicious but also notorious, manifest, evident and indicative of deliberate planning. The evidence must show [that] the decision to kill prior to the moment of its execution was the result of meditation, calculation, reflection or persistent attempts. Absent such evidence, mere presumptions and inferences are insufficient. Evident premeditation may not be appreciated where there is no proof as to how and when the plan to kill was hatched or the time that elapsed before it was carried out. The premeditation must be evident and not merely suspected."[123]
	GR NO. 173243 2007-03-23	PEOPLE v. ARTEMIO CASELA TINGA, J.
The trial court and the appellate court, in convicting appellant of murder, ruled that the killing was qualified by treachery. There is treachery when the offender commits any of the crimes against persons, employing means, methods, or forms in the execution thereof which tend to directly and specially insure the execution of the crime without risk to himself arising from the defense which the offended party might make.[39] To establish treachery, two elements must concur: (1) that at the time of the attack, the victim was not in a position to defend himself, and (2) that the offender consciously adopted the particular means of attack employed.[40] The RTC made the following observations on the matter -
	GR Nos. 133796-97 2003-08-12	PEOPLE v. BERNANDINO ALAJAY Y MANGHINAYON AUSTRIA-MARTINEZ, J.
To constitute evident premeditation, the following requisites must be proven: (1) the time when the accused decided to commit the crime; (2) the overt act manifestly indicating that he clung to his determination; (3) a sufficient lapse of time between the decision and the execution, allowing the accused to reflect upon the consequences of his act.[21]