EVIDENT PREMEDITATION - considered and Cayerully and thowynteully US_vs. Manalinde meditated over the nature Ond consequences Facts of tHe acts which, UNder orders recenved From, Tne acweed inlicted G wound on tne head the vaid datto he wos Moot ty Carry out, and —0F the vichin (4 Spamard ) with the use of kris, 10 thar end pyowded pimeele with q Weapon , —Ntdnwile the O0used approdcned 0 canaman toncealing it by wrapping ‘kup, and vtarted nd attacked inm with the same weapon. The On Oyun of Aday anda night for the efeagt wey) Sole purp Kin elie oF fe ungor- bundna ues ond escaped by running away *vnate persons horn he did Mor knew and frum Ant pwn, Roth Ane vicnms wee taken with whoa he had nevor nag. gny ‘veuble, tote Hospital -Honever tne etndman died and the vpamard 6 alvie but it ig not stated wat People ve.Ubing —_wevnd Was inelicted On lam, eee "ee oa We acwsed was Coa yed with murder. He qleddel Because OF political enmity and a personal guilty Gind_tongesced td Wide peu perrated int agpront Committed by Hie deceased (AMaycr) tne. Stating thar his wig diel and that agginck appellant Vbivia , the later deaded to by order og Darto Mupyek directed him 10 go fake tevenge st Ot 9:00 in the aFrernoon he —jueamentade_in Cotabato tn e1der to Kill Some- celled vpon his adherents and pfote gees _m which body because the void Mupycy had certain grievat- they yescued tO pt On end xc the lige OF the c€5 $0 quengér against a livtenamt and a veraeant, deccacecl. Kt about 5100 ih tne Agternoon they The vaid dette purther stated rar ig the cowed are aimed Gnd émbparked on 4 truck . Aster osing WAS Gucestpul in the matter, he WOUd gre him the Cugayon River whee tne 3 otntr appetan's _ a pretty woman. Were already waiting por tye. Once the prearins SVE 2 wer dultibvked amon the onijind\ conspirators, WN the case 1s attended by evident premeditation? agey went fone hovle of Esteban Tanbiao and RvuinG Gated and ped at ond Kiled Carag, Yes, tne acwsed upon aecépting the Ofder —pronisig and Esteban Tambiao and under taing Ane journey deiioerat ly ‘ zIssue \ it When the aawed __WIN there isan evident pemedit ota waited for him outside tne Wowie Gnd cho Mtn. Rolin, \gsue The Grune was planned at 39m Ond camed Win there 15 ender prameaitation _ 1pm. furaent premeditarion is present pecawe Ruling = SUFrICiemt tine was ha Intervened between No, there iy no douut oF the dee FE tne mvc O$ tne ide ond the esolvtion the gccued 10 Kill the deceased put no wupFicient 40.ca e Pollet thertop. z. time had | elapse port ib fs tncephion te fo its tpl ule thou ae aye tHe onging)_unfenton gor meditation and yeplection fo shiey 4 ping — 4 Kill tha Famlago hon the apelin Said oF endent premeditation. Only abort two hours thik even ie the deceased would Call all Wis hag wtewened bebween Mis cage and Mik Gonss- ‘Pouuernen He Is Mot GFraid OF them. pmmation Ard he ud no Omple opportunity £o Cooly Ond_serencly hunk oF Ane _consequencts % the act AY Oloour Gam, ine aaved whois amembey op ae Sis the _munkipal force Approadhed Tose Sosiny (marty : OF fait qarné) Gnd asked gor a peso . Instead OF ae é _peads he handled fhe accuted Ho centavos, tne auvied 2 Was wot Matigied and qraiohed the coins andl cow- ut shell Wed O game. hawegle enced betwen Aen when the acwsed pulled out Ni Service pistol. Te awrled and Sosiny Fook hold and weestied For ts porestwon when PO vayeuns arwed and : dared ‘nem. Upon puny dcdimed, Tan Wos - hewvd 49 say "You Ore very thanked pat soldiers omyed ile WO, Yor are Aready dead oy ww Ki about woontime, Sonny aided permoton fpPeople vs. Regala he had long planned to kill the deceased in Defendants Regala and Delfin Flores were brother. a -charged- with-the~crime~of-murder-with———tssue———— a = assault _upon_an_agent_of_a_person_in Whether there is an evident premedidation ‘authority. "That on or about the 13th day of given that he had planned of killing the a - 1964, the —above-named—accuset victim — conspiring together and helping each other, Ruling = with deliberate intent to kill, with evident No, Evident premeditation requires proof of ____ premeditation and treachery attack and stab the following requisites: (a) the time when with a knife one Sgt. Juan Desilos, Jr., a the offender determined to commit the member of the Philippine Constabulary ‘rime; (b) an act manifestly indicating that = _______ white he was then in the performance of his ___he had clung to his determination; and {c) a official duty, thereby inflicting upon the sufficient lapse of time between the ——jatter serious” stab wounds which" injury determination and the execution of the | __ directly caused his instantaneous death.” __crime to allow him to reflect upon the Issue consequences of his act and to allow ———Whether there is evident premeditation conscience to overcome the resolution of ace Ruling Se his wit s e No, it is well-settled that the essence of premeditation is that the execution of the The statement of the accused, that he had criminal act must be preceded by cool __long planned to kill the deceased in S thought and reflection upon the resolution retaliation for the act of stabbing his brother, to carry_out the criminal-intent-during-the does not adequately prove the existence of space of time sufficient to arrive at calm evident premeditation. It is necessary to judgment. Consequently, it must be clearly establish that the accused meditated on his _______ established by evidence the time when the intention between the time it was conceived offender determined to commit the crime, and the time the crime was actually ‘anda sufficient interval of time between the perpetrated. Defendant's proposition was ______ determination and the execution of the nothing but an_expression_of_his_own —____ crime to allow him to reflect upon the determination to commit the crime which is consequences of his act. Neither the record entirely different from premeditation. one nor the appealed decision intimates the — ae aod existence of the foregoing circumstances The finding of the trial court, that the which'are essential for a positive finding of accused had clandestinely concealed. the _ evident premeditation. On the contrary, the ___knife in his body away from the searching _ S ircumstances of the case rule out ‘eye of the prison guards which showed the premeditation: — — —deliberate intent of the accused, is not borne out by the records. Perusal of the records _ does not show that the accused deliberately os ______-planned-the-killing-through-external-acts. —— In the early evening, the deceased who was ‘The finding of facts by the trial court should buying fish in the public market was fatally not be based on mere assumptions; there ___ stabbed by the accused. The accused — must be proof that such facts exist. — pleaded guilty and made a statement thatPeople vs. Balatucan indicating that the offender had clung to his Facts determination;_and_(3)_ the _lapse_of _an_ ‘Appelant was found guilty of the murder and interval of time between determination to frustrated murder —commit-the-crime-and-execution” thereof, reflect sufficient to allow the offender t Jaime Balatucan went to a dance held at the ~ BLISS Housing Project When-he arrived at the scene of the dance and just before upon the consequences of his ‘determination to stab or kill "someone" been arrived at as early as 6:30 in the ‘entering the halll where the dance was being ~ evening of that fatal day while appellant was held, he was suddenly boxed by.one Rudy___engaged__in_a_drinking session with Tugbo. Ruby Tugbo was then in the company companions. Appellant repeated his of appellant Ramil Balatucan, Arturo announced threat at least three (3) times Natividad and one other unidentified person. After striking Jaime, Rudy Tugbo ran away. — Jaime pursued hinr but lost him: taime then — the Jonnel_and Alex. Between the time that joined his brother, Alex Balatucan, deceased Jonnel Labao and Joey Labao in the that evening. At that time, appellant had ___ with him a 10-inch batangas knife, the same ~—knife-that”he- would Tater use-to assault appellant and his companions were drinking dance halt andthe time of the attack at about 11:00 Jaime Balatucan and his companions left the dance hall and proceeded on to the public highway. On the highway, they were met by appellant who rushed towards Jonnel Labao- _and_-stabbed.him_with_a-knife.—Jonnet collapsed on the highway, with a knife thrust to the heart, and died on the spot. As Alex -Balatucan_tried to_help Jonnel_Labao_up, appellant also stabbed Alex. Jaime Balatucan grappled with appellant for possession of ______the knife, but failed to. disarm him. Jaime_ Balatucan managed to grab Ramil by the part of itin Jaime’s hand. Alex Balatucan was brought to the Masbate Provincial Hospital and was confined there fora week: eee Yes, for evident premeditation to be "appreciated against an accused, the time when the offender determined to ‘commit the crime; (2)an act manifestly shirt; Ramil tore toose, leaving his shirt or — "Whether there is a evident Premeditation the r= following requisites must be established: (1) —_____ o'clock of the same evening, appellant had several hours to reflect on the crime that, per his own announcement; he was about to commit and to desist from it if he had wanted so to desist. The slaying of Jonnel and the serious stab wound inflicted on Alex demonstrated clearly that appellant had ~ clung to his determination to killCRAFT, FRAUD, OR DISGUISE was employed to facilitate the commission People vs. Lor change of route during the trip was a oe tte necessity; teonardo tor told the victims that —— Fe __The three accused were charged for the they had to drop a P.C. soldier-passenger aE crime of rape. (3 rape cases) somewhere near the river bank, Complainants went to see a dram in manifested by insidious words _and "Connection with the celebration of its barrio ‘machinations. There is craft, which is fiesta. "After-the- showing. of the-drama-at cunning or trickery. ae about 11:00 o'clock that evening, they Tooked for a motorcab to take them back to ~People vs. Empacis the Poblacion tt was at this time that the Facts — three girls came to the motorcab driven by At about 9PM as the deceased and his Wife "the “accused” with” two male passengers Camila were about to close their small store. ——_whom the girls did not know at that time, __The accused came and asked to buy some. "The accused allowed the three girls to sardines and rice. After they finished eating, board: the motorcaty after informing them ———tangomez~toldFidet~to sell him~some _that_he was taking passengers to the cigarettes. He then announced a hold-up poblacion. and ordered Fidel to give up. A struggle followed-in-the-course-and- the accused — When they were all seated, Leonardo Lor drove the motorcab towards poblacién but Issue uponreaching the crossing to Barrio Whether the aggravating — Proteccion he diverted the motorcab circumstance of craft, fraud or disguise be towards Barrio Proteccion. The girls noticed noticed that_they_were_proceeding ina different direction, and asked accused. The Yes, He and Romualdo pretended to be bona accused told them that he was proceeding to fide customers of the victim's store and on om the river_because he would drop the P.C_____his pretext gained entry into the latte’s soldier who was one of the passengers. store and later, into another part ~~ When the motorcab reached the river. The of his dwelling. This Court has held = —accused and his co malefactors raped the ___stratagems and _ruses_of this sort to vietims. constitute the aggravating circumstance of “issue ~ fraud or craft: as Whether there is Craft or Fraud Pere ske 2 = ene Ruling ———Yes—although—was- not alleged—in—thePeople vs. Quinanola ‘The fact that one of the appellants has The victim, together with her cousin and People's Army does not necessarily imply the another friend, Richard-Diaz-was-on their ——-useof craft, fraud or disguise; in. the _ way home from a dance party when the ‘commission of the crime Finally, the Court ‘accused, turned up on the waiting shed does not subscribe to the view of the trial ___—where~the- youngsters are~momentarily court — that accused-appellants— have resting. Armed with guns, one of the accused employed means which added ignominy to a represent himself as NPA. The accused the natural effects of the crime, particularly __ ordered the two boys-to-lie-on. the ground in-"stripp(ing} the victim of her-denim parts while Escuadro urinated on them. Quinola, and panties and then sending her home in ~on the other hand, brought Catalina to a this humiliating and distressing condition. ______nearby_schoot_and_made_her_sit-on the There__is_nothing_on_record_that—even ground. When she resisted, Quianola remotely suggests that accused-appellants —— pointed his gun at her and threatened to kill so deliberately sought to leave Catalina with __her if, she_would_not_willingly_obey_his bottoms bare that she might be left alone in demands. Escuadro followed them; the two shame with only her T-shirt and brassieres boys having escaped successfully when on. Escuadro was zipping his pants. Quianola ssi ordered Escuadro to remove her denim pants while Catalina resisted Having 7 = succeeded in undressing her, Quianola unzipped his pants and laid on top of her —while-Eseuadroheld-herlegs.-Quianola - started to pump, to push and pull even as Catalina still tried desperately to free herself ______from-him. She felt his-organ-"on the lips of — (her) genitalia. When Quianola had satisfied his lust, Escuadro took his turn by placing _______ himself’ on_top of Catalina. Catalina could = feel the sex organ of Escuadro on the lips of her vulva while he made a push and pull movement. The accused immediately _ = ie ae scampered after. = tssue———— = ____Whether the accused when he represented __ himself as NPA constituted Craft or Fraud. Ruling —— a5 _No, Craft fraud or disguise is a species of ‘aggravating circumstance that denotes criminal design or to lure the __trap_and_to_conceal_ the identity_of the — a 2 accused.SUPERIOR STRENGTH, OR EMPLOYING and this absorbed the generic aggravating MEANS TO WEAKEN DEFENSE __ circumstance of abuse of superior strength __ — ~People-vs: De teon __ Facts pee eee ‘At 11:00pm, The victim (20) years of age, lamp was lit as the victim had barely fallen asleep. An overpowering smell of li victim saw her father, bending over her and —undress. Victim tried to get up but accused- appellant hit her head with the knife's “handle. Accused-appellant covered her ~~ whenever ther ~———was sleeping_in-her house. The fluorescent —— forces between the victim and the aggressor, ~ notoriously advantageous for the aggressor _ suddenly pervaded the air. Waking up, the deliberately chosen by him generic aggravating circumstance of abuse of superior strength. This circumstance Is always considered is notorious inequality of assuming a situation of superiority inthe commission of the crime. 19 To properly ~ aiming a knife at her. He ordered her to @Ppreclate tt, itis necessary to evaluate not _only the physical condition of the partiesand the arms or objects employed but the incidents-in-the total-development of the— — ________mouth_with his hand and with the other ___caseaswelh hand punched her on the thigh. He placed the knife behind her back and with tt ripped _her clothes. Amelia protested, crying "Ta ‘ano bang ginagawa ninyo?" "Sundin mo "yung inuutos ko!" he barked and peeled of her clothes. Amelia struggled. Accused- appellant thrust his knife on the pillow beside them. The victim feared that he hit her sleeping daughter's head. instead, he aimed the knife at the child and declared that if Amelia. did-not_give-in-to-what-he wanted, he was going to kill the child. Fearing this, Amelia undressed herself and ae lay down on the bed. Her father went on top of her, inserted his ‘organ into her private part and made an up. and down motion as he kissed her lips, neck and breasts Issue ‘Whether there is-an advantage of superior — strength to weaken the defense. ae eee: ——People-vs. Pablo — Facts Accused were charged for three (3) counts of ‘murder and one count of attempted murder. - Around 7:45 in the evening, the deceased ‘and her children, were eating supper in thei house when. they heard Renato."Panong" Danao call from outside, "Manang." Lucita Loveres went out accompanied by her — children, Outside their_gate, they_saw__ 3 Panong, and the accused armed with gun, bolo, knife, and a plece of wood and asked Lucita to let the troublemaker come out ("Palabasin and naggugulo"). Lucita replied ‘that~there~was~nobody~making~ trouble ("Walang _nanggugulo dito"). Suddenly, Panong shot her with his gun hitting her in the neck. Edgar (Son) was also stabbed by —Edgar and Jocelyn who were just beside their —___ mother witnessed the incident. Panong just stared at them. When Edgar lifted his No, the accused deliberately took advantage Mother, Inggo Pablo stabbed him, and Edwin _ of his superior strength by using excessive force on his victim has not been proven. The use of the knife already qualified the rape; Trabuncon hit him on his left forearm with a piece of wood. Appellant Danilo Pablo was an “alalay" or aide of Panong and wasrotding-a-krife;-while-appetiant Nicolas__—That in the.commission cof the offense there __ ____ Compra was holding 2 Then Jocelyn saw her was present the qualifying circumstances of rior inthat father, Domingo, awakened by the eee aoncesma out oftbefouss Robe == ithe — scaised — ten employed Loveres, who followed his father, was excessive force out of proportion to the = Thewise dragged by the same group-and-—— —means of defense ded a faiped one another tebe beck and Will —— “party, era soon that the victim was left ‘to lie completely undressed and naked. This ~~~ ‘was supported by the testimonies of 14 _ witnesses for the prosecution. Issue ae __Whether_ there is _an__aggravating oe Whether the accused used their superi strength to weaken the defense of the vietims SS males ere circumstance of superior strength. In. the aggravating circumstance of Ruling ee = ine ‘Yes, accused was taller and stronger than the ~guperiority— in—strength;~superiority—in —— victim, An attack made by an armed man __number does not necessarily _mean Superiority in strength; it is necessary to. upon a woman it thereof, : show that the aggressors cooperated in such, is murder, because his sex and weapon gave him superiority of strength, __ People vs. Hermo as to secure advantage from their a way as to se superiority in strength. There must be proof of the -relative_physical_strength of the __ aggressors and assaulted party or proof that Facts the accused simultaneously assaulted the— deceased. — Indeed, the prosecution tablished that the group of appellants, ~—pumbering 10 and all armed; tookadvantage _of their superior strength as they helped one ‘another in the kiling of Dorningo and Robert Toveres, who were unarmed: People vs. Olivo Facts — eae ‘The accused with intent to kill and taking advantage of superior strength feloniously ‘stab the deceased (young igorot woman) _ with the use of a screw driver and smash her head with the use of two big rocks, _thereby inflicting upon the latter __ neurogenic shock due to massive head “crushing injuries and multiple stat wounds” _in the body, which injuries directly caused her death, Rating _weapon- which is-out of proportion to the “defense available to the offended party. ‘Around: eleven-o’clock inthe evening, The ___ deceased bought cigarettes for her brother at a nearby store when he was chased by two-men. The deceased stumbled_u pile of gravel and fell to the ground and was stabbed at the back by the accused witha — ssiinch long knife and took turns with the other accused. Issue - Whether the killing was attended by taking advantage of superior strength. “Yes, Abuse of superior strength is present not only when the offenders enjoy numerical superiority, or there isa notorious inequality. of forces between the victim and the ‘aggressor, but also when the offender uses @——————Peopte vs: Edem— ani Rai While Victim was resting, appellant, who -started-to-touch-her body __The appellants and victim are “was half-naked; and breast, kissed her on the neck, face and lips and removed her dress and panty. Victirn _but appellant covered her mouth with dirty clothes, pointed a knife to the right side of ther body and.warned her to stop moving or_ be killed. Thus subdued, the victim could only watch appellant go on top of her; insert Issue this penis into her vagina, and rape her. When People vs. Delim Facts —appetiants pleaded-not-guilty to the-char__ “related” ‘modesto is an adopted son of their fatF January-23,1999-Marlon, Robert ¢____ shouted to attract attention from neighbors __Ronald Delim charged into the house < poked a gun at modesto and herded t ——outside the house. Leon and Manuel De both armed stayed put and made sure t randy and Rita stayed put. — Whether there is superiority in strength — he finished, appellant warned victim not to ‘Ruling — he would not hesitate to killer, adding that he was a lieutenant in the Coast Guard, his uncle an NBI man, his aunt a lawyer and that she would be declared as missing in action. ~malefactors—outnumbered Modesto: ——Wherrtsidra arrived that_afternoon, Victim. __just kept quiet out of fear. She was also raped by the accused for the second time. Issue oe ‘Whether use of superior can be appreciated in this case. Ruling. = : No, the use of the knife already qualified the rape; and this absorbed the generic aggravating superior strength. Moreover, like the crime — of parricide by a husband on his wife, abuse _____ of superior strength is inherent in rape. tis generally accepted that under normal circumstances-@-man-who-commits rape__saw the deceased chased by the accu: [against] a woman i physically stronger than the latter. tell anybody about the incident-otherwise,— Intthis case, the prosecution failed to add: _ evidence that Marlon and Ron deliberately took—advantage of th father 2 judge; his mother-a-physician, his__numerical superiority when Modesto \ killed. The barefaced facts that were armed while Modesto was not d: not constitute proof that the three tc advantage of their numerical superioty < their handguns when Modesto was sho! stabbed. | —-~ People vs. Loreto Facts ee Accused was charged for murder, homic and of slight physical injuries ‘At about 6:30 p.m. that day, Romeo arri home on board his tricycle and parked same In the garage near his house. When = holding in his right hand a knife about ef — —inches-tong--Petrified,- Romeo_hid_him: The accused stabbed the deceased (Le and arms with a knife about 8 inches to The tights. in the -house_of Dan were Marites saw Susan shouting and fleeing fr the sala through the door of the-kitch—————— Marites_was so horrified that she rust back to their house to drink water. __Not long thereafter, Purok Presider Purok Auditor heard the shouts of SusarWhen Marites regained her bearings, she Evelyn was there. Rivera did not reply but went back to the house of Dan to be of help. instead asked if the two had a quarrel. The she saw teah {deceased} sprawled near the —— appellant answered in the negative. canal about two meters in front of the door = Sf Dan’s house. Wilfredo and Letecia lifted ———At-around-1:00-2.m: From-e-distance.of 15-—— _Leah,-who-was still alive by then, from the __meters,_the witness saw the deceased ao canal and helped her inside a tricycle which ‘seated on a wooden chair in front of the” brought her to the Rospitat. a - if ____Wendiy then arrived in their house and were __because her head was *hanging.” It was later shocked to see Lettymar near the door, found out that the deceased was hit bya ~————pleodied allover and already dead: They also ~~ ‘i i hes ies See _____saw Princess Roan, who was still alive, lying ear the cereza tree and the water pump Whether use of superior strength can be re inside the fence of their house __appreciated_—__ oe ____Issue Whether superior” strength can Be No, ablise-of superior strengthr-cannot-be————— appreciated ______appreciated_in_this_case_because_it Ruling inherent in the crime of parricide as No, the Court agrees with the ruling of the ~—~-generallyaccepted “thatthe husband. is trial court that abuse of superior strength is ___physically stronger than the wife. _____absorbed_in treachery, hence, abuse of & superior strength is not a separate and — distinct aggravating circumstance. = Facts is Appellant and the deceased were married However, thelr union-was-not 2 happy one _____beset by frequent violent quarrels due to appellants drinking, gambling and ‘womanizing: The ~ couple--separated a __number of times but deceased Evelyn always . ‘came back to her husband inspite of the e physicat ebuse-because she loved. him. As a appellant failed to earna living for his family, ae = Evelyn ran a small sari-sari store located in oe __—front-of their-house.-On_ the night of the incident, July 14, 1995, at around 7:00 p.m. appellants brother-in-law, Romeo Rivera, — _whose house was right beside the couples, _ hheard the couple arguing but he did not ain them as tre was—used—to— their ak arguments, At around midnight, appellant went to