This case has been cited 3 times or more.
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2003-05-08 |
QUISUMBING, J. |
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| As for evident premeditation, we agree that its elements were not clearly established by the prosecution. To prove this attendant circumstance, evidence must show: (1) the time the offender determined to commit the crime; (2) an act indicating that the offender had clung to his determination; and (3) sufficient lapse of time between the determination to commit the crime and the execution thereof to allow the offender to reflect upon the consequences of his act.[27] There is no clear proof as to when the accused hatched the murderous plan, and the interval of time therefrom to its commission. | |||||
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2002-12-17 |
YNARES-SANTIAGO, J. |
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| retaliate; and, (b) the means of execution were deliberately or consciously adopted. [18] Treachery clearly attended the killing as the victim was killed while he was asleep.[19] The victim's wife testified that accused-appellant suddenly barged into their house and stabbed her husband several times, while he was sleeping near the door; and that the latter was in no position to flee or defend himself. The essence of treachery is the sudden and unexpected attack without the slightest provocation on the part of the person attacked.[20] The trial court, however, erred in appreciating the aggravating circumstance of dwelling. The Revised Rules of Criminal Procedure[21] now require that the information or complaint allege not only the qualifying but also the aggravating circumstances, | |||||