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CRIMINAL LAW 164Case Digest |Aggrtavating Circumstances | Personal Circumstances of Offender | Evident Premiditation | People vs.


PEOPLE vs. JULANDIA 370 SCRA 448 Facts:
That at about 8:15 in the morning of January 15, 1994 at Barangay Along- ong, Libon, Albay while Teofilo Coralde and his brother Ferdinance were walking along the road, they were blocked by the brothers Jesus Jr., Jimmy and Nolito Julandia who were armed with stone and bolos. Thereafter, stabbed, hacked and stoned the Coralde brothers which cause the death of Teofilo Coralde. Ferdinand Coralde was able to rand away from the scene. Crime Committed: Consummated and Frustrated Murder Contention of the Accused: Aggravating Circumstances of evident premeditation is not appreciated Contention of the state: Evident premeditation as an A.C should be appreciated. Ruling: Since no evidence was adduced showing when the accused hatched the murderous plan and the interval of the time therefore to its commission, the Supreme Court find that this case is not attended by the aggravating Circumstances of evident premeditation. “Settled is the rule that when it is not shown as to how and when the plan to kiss was hatched or what time had elapsed before it was carried out, evident premeditation cannot be considered.