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Evident Premeditation in 1992 Murder

Gari Bibat stabbed Lloyd del Rosario to death on October 12, 1992 near Sampaloc, Manila. A witness saw Bibat talking to another person who told Bibat "O pare, anduon na. Puntahan mo na. Siguruhin mo lang na itumba mo na" and Bibat responded "Oo ba. Ganito ba, ganito ba?". The court found there was evident premeditation in the killing based on the testimony of a witness who said Bibat and others often met at his house where they hid guns and knives, indicating Bibat had determined to commit the crime beforehand.

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Ursulaine Grace Feliciano
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76 views2 pages

Evident Premeditation in 1992 Murder

Gari Bibat stabbed Lloyd del Rosario to death on October 12, 1992 near Sampaloc, Manila. A witness saw Bibat talking to another person who told Bibat "O pare, anduon na. Puntahan mo na. Siguruhin mo lang na itumba mo na" and Bibat responded "Oo ba. Ganito ba, ganito ba?". The court found there was evident premeditation in the killing based on the testimony of a witness who said Bibat and others often met at his house where they hid guns and knives, indicating Bibat had determined to commit the crime beforehand.

Uploaded by

Ursulaine Grace Feliciano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

GariBibatstabbedtodeathoneLloyddelRosariowhoisonhiswayto

schoolonOctober12,1992ataround1:30p.m.alongG.Tuazoncor.Ma.
CristinaSts.,Sampaloc,Manila.Thereafterthesuspectfledwhilethe
victimwasbroughttotheUnitedDoctorsMedicalCenter(UDMC)where
hewaspronounceddeadonarrival.
The incident was witnessed by Nona Avila Cinco, that while she was at
FunerariaGloriawaitingforherbettor,shesawapersonaboutonemeteraway
talking to the accused.Said person told the accused O pare, anduon
na.Puntahanmona.Siguruhinmolangnaitumbamona.towhichtheaccused
answered:Ooba.Ganitoba,ganitoba?(asthewitnesswasspeaking,shewas
demonstratingwithherarms.)

ISSUE
Whetherthereisevidentpremeditation
RULING

we are of the irresistible conclusion that the attendance of evident


premeditation to qualify the killing complained of to murder is borne out by the
evidence.
There is evident premeditation when the following requisites are met:

1.Thetimewhentheoffenderdetermined(conceived)to
committhecrime;
2.Anactmanifestlyindicatingthattheculprithasclungtohis
determination;and
3.Asufficientlapseoftimebetweenthedeterminationand
executiontoallowhimtoreflectupontheconsequencesofhisact.

[17]

The essence of premeditation is that the execution of the criminal act is


preceded by cool thought and reflection upon the resolution to carry out the
criminal intent during the space of time sufficient to arrive at a calm judgment.
[18]

The appellant, in his brief, implies that the first requisite of evident
premeditation was not sufficiently proven, contending, that:

xxxtheaggravatingcircumstanceofevidentpremeditationwasappreciated
bythetrialcourtbasedsolelyonthetestimonyofwitnessRogelio
Robles.Thesaidwitnesstestifiedthataccusedappellantandseveralothers
oftenmetinhis(RogelioRobles)house.Inoneoftheirmeetings,accused
appellantandhiscompanionshidsomegunsandtusokinthesaidwitness
house.Otherthanthesetestimonies,thetrialcourtprofferednoother
rationaletojustifytheapplicationofevidentpremeditation.
[19]

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