This case has been cited 2 times or more.
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2013-02-20 |
SERENO, C.J. |
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| Newly discovered evidence refers to that which (a) is discovered after trial; (b) could not have been discovered and produced at the trial even with the exercise of reasonable diligence; (c) is material, not merely cumulative, corroborative or impeaching; and (d) is of such weight that it would probably change the judgment if admitted.[58] | |||||
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2004-05-27 |
QUISUMBING, J. |
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| As to evident premeditation, however, we find that the evidence on record fails to bear out the following elements: (1) the time when the offender determined or conceived to commit the crime; (2) an act manifestly indicating that the offender had clung to his determination; and (3) a sufficient lapse of time between the determination and the execution, to allow the accused time to reflect upon the consequences of his act.[60] Stated differently, the prosecution failed to establish clearly that the victim's killing was a preconceived plan. Hence, evident premeditation should be ruled out in the present case. | |||||