Gr No.

94308 June 16, 1994

People vs ILaoa

Bellosillo,J., Topic: pre-meditation

Facts: The deceased and the accused had drinking spree in front of the accused’s apartment. Then he
was kicked and mauled by the accused and other men. After a while he was seen being dragged inside
the apartment where he was heard shouting.

The deceased bore 43 stab wounds, slight burns on the body and the head was decapitated. It
was found on a grassy land the day after.

Issue : Whether or not the killing of the victim was result of meditation.

Ruling: NO, the killing of the victim was not a result of meditation.

For ART 14 par 13 an act be committed with evident premeditation to be considered, the TIME
when the offender determined to commit the crime, an ACT that shows he was determined to do the
offense and lastly SUFFICIENT LAPSE OF TIME between such determination and execution to allow him
to reflect upon the consequences of his act.

With the accused there was no proof that he killed the victim with meditation there was no
interval of time from the circumstances or chain of events to say that the accused had meditated first
before the commission of crime.

Judgment finding accused guilty beyond reasonable doubt is AFFirmed for homicide instead of
murder. Sentenced to indeterminate prison term of 8 yrs 10 mos and 20 days prison mayor medium
as min to 16 yrs 4 mos and 10 days of reclusion temporal as medium.

Note: aggravating circumstances of superior strength and cruelty were also mentioned but were not
considered in this case.