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Resolution For Murder
Resolution For Murder
DEPARTMENT OF JUSTICE
Office of the City Prosecutor
Pasay City
MICHELLE PABLO,
Complainant,
- versus – NPS Docket No.: NC-6172
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RESOLUTION
STATEMENT OF FACTS
FINDINGS
In light of the documents and pieces of evidence submitted to this
Honorable Court, there is reasonable ground to believe that herein
respondent, GENALD VALONES, probably committed the crime of
Murder as penalized by Article 248 of the Revised Penal Code in killing
RYAN NG.
The facts of the case before us fall squarely under the crime of Murder.
The killing was attended by the qualifying circumstance of evident
premeditation as shown by the actuations of GENALD VALONES. The
essence of evident premeditation is that the execution of the criminal act
must be preceded by cool thought and reflection upon the resolution to carry
out the criminal intent during a space of time sufficient to arrive at a calm
judgment.1 For evident premeditation to be considered, the following must
be established: (1) the time when the accused determined (conceived) to
commit the crime; (2) an overt act manifestly indicating that he clung to his
determination to commit the crime (kill his victim); 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.2
2 People v. Herida, G.R. No. 127158, March 5, 201, 353 SCRA 650.
3 Cabuslay v. People, G.R. No. 129875, September 30, 2005, 471 SCRA 241, 256-257.
Kathleen C. Galano
ASSISTANT CITY PROSECUTOR
APPROVED BY:
Fergie Arnaldo
CITY PROSECUTOR
Copy Furnished:
Michelle Pablo
Unit 18G, 18th floor, The Columns Tower I,
6821 Ayala Avenue, Brgy. Bel Air, Makati
Genald Valones
2105 Viverde Tower Pasay City