This case has been cited 1 times or more.
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2002-03-11 |
QUISUMBING, J. |
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| The element of evident premeditation is manifested by the planning and preparation undertaken by the offender prior to the commission of the crime.[48] It is not presumed from the mere lapse of time[49] nor can it be deduced from sheer speculation.[50] An intangible matter, evident premeditation is exhibited from these circumstances --- (1) the time when the offender has appeared determined to commit the crime; (2) the act evidently indicating that the offender has clung to his determination; (3) sufficient lapse of time between the determination to commit the crime and the execution thereof during which the offender could have reflected upon the consequences of his act.[51] In the present case, all three circumstances are present and clear from the testimony alone of Mario. The TSN reads: Q: That conversation about the seedling, how long did it take? | |||||