This case has been cited 6 times or more.
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2008-09-29 |
TINGA, J. |
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| The Court of Appeals correctly appreciated the testimonies of the prosecution's witnesses which showed the existence of evident premeditation in Eduardo's killing.[54] The essence of evident premeditation is that the execution of the criminal act is preceded by cool thought and reflection upon the resolution to carry out the criminal intent within a space of time sufficient to arrive at a calm judgment.[55] | |||||
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2007-10-11 |
CARPIO, J. |
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| We agree with the Court of Appeals that we may no longer review the acquittal of the other accused. A verdict of acquittal is immediately final.[12] However, the acquittal of his co-accused does not necessarily benefit appellant. In People v. Uganap,[13] appellant questioned the trial court's decision which convicted him alone of murder and acquitted the rest of the accused. The Court ruled that appellant may not invoke the acquittal of the other conspirators to merit the reversal of his conviction.[14] The Court declared:There is nothing irregular with the acquittal of one of the supposed co-conspirators and the conviction of another. Generally, conspiracy is only a means by which a crime is committed as the mere act of conspiring is not by itself punishable. Hence, it does not follow that one person alone cannot be convicted when there is a finding of conspiracy. As long as the acquittal of a co-conspirator does not remove the basis of a charge of conspiracy, one defendant may be found guilty of the offense.[15] | |||||
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2002-08-14 |
YNARES-SANTIAGO, J. |
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| qualifying circumstance.[19] Thus, the following must be proved beyond reasonable doubt: (1) the time when the accused determined to commit the crime; (2) an overt act manifestly indicating that he clung to his determination to commit the crime; and (3) a sufficient lapse of time between the decision to commit the crime and the execution thereof to allow the accused to reflect upon the consequences of his act.[20] The essence of evident premeditation is that the execution of the criminal act is preceded by cool thought and reflection upon the resolution to carry out the criminal intent within a space of time sufficient to arrive at a calm judgment.[21] Evident premeditation must be based on external facts which are evident, not merely suspected, which indicate deliberate planning.[22] There must be direct evidence showing a plan or preparation to kill, or proof that the accused meditated and reflected | |||||
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2001-11-23 |
YNARES-SANTIAGO, J. |
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| Similarly, the elements of evident premeditation must be established with equal certainty as the criminal act itself before it can be appreciated as a qualifying circumstance.[58] These elements are: (1) the time when the accused determined to commit the crime; (2) an overt act manifestly indicating that they clung to their determination to commit the crime; and (3) a sufficient lapse of time between the decision to commit the crime and the execution thereof to allow the accused to reflect upon the consequences of their act.[59] The essence of evident premeditation is that the execution of the criminal act is preceded by cool thought and reflection upon the resolution to carry out the criminal intent within a space of time sufficient to arrive at a calm judgment.[60] | |||||
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2001-11-21 |
YNARES-SANTIAGO, J. |
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| Similarly, the elements of evident premeditation must be established with equal certainty as the criminal act itself before it can be appreciated as a qualifying circumstance.[41] These elements are: (1) the time when the accused determined to commit the crime; (2) an overt act manifestly indicating that they clung to their determination to commit the crime; and (3) a sufficient lapse of time between the decision to commit the crime and the execution thereof to allow the accused to reflect upon the consequences of their act.[42] The essence of evident premeditation is that the execution of the criminal act is preceded by cool thought and reflection upon the resolution to carry out the criminal intent within a space of time sufficient to arrive at a calm judgment.[43] | |||||
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2000-11-20 |
PARDO, J. |
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| In time, applicant heirs of Aliño interposed an appeal to the Court of Appeals.[4] | |||||