G.R. No.

124319 May 13, 1998 evident premeditation

PEOPLE
vs.
GARI BIBAT

FACTS:
Gari Bibat stabbed to death one Lloyd del Rosario while the victim was on his
way to school waiting for a ride. Thereafter the suspect fled while the victim was
brought to the United Doctors Medical Center (UDMC) where he was
pronounced dead on arrival.

A witness for the prosecution testified that two hours before the killing she
overheard the group of the accused that they plan on killing someone.

The trial court found him guilty of murder aggravated by evident premeditation
and sentenced him the penalty of reclusion perpetua.

ISSUE: WoN the aggravating circumstance of evident premeditation is present in

the case

RULING

Yes, the aggravating circumstance of evident premeditation is present and

should be applied.

There is evident premeditation when the following requisites are met:

1. The time when the offender determined (conceived) to commit the
crime;
2. An act manifestly indicating that the culprit has clung to his
determination; and
3. A sufficient lapse of time between the determination and execution to
allow him to reflect upon the consequences of his act.

In this case, two hours had elapsed from the time appellant clung to his
determination to kill the victim up to the actual perpetration of the crime.
WHEREFORE, the Decision appealed from is AFFIRMED.