Here are selected June 2010 rulings of the Supreme Court of the Philippines on criminal law and procedure:
1. Revised Penal Code
Aggravating circumstance; evident premeditation. In order for evident premeditation to be appreciated, the following requisites must be proven: (1) the time when the offender determined 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 and to allow his conscience to overcome the resolution of his will. In the instant case, appellant uttered the words “iyang mama na iyan, may araw din siya sa akin.” Even conceding that these utterances were in the form of a threat, it still cannot be presumed that at the time they were made, there was indeed a determination to kill and that appellants had indeed clung to that determination, planning and meditating on how to kill the victim. People of the Philippines vs. Jonel Falabrica Serenas, et al, G.R. No. 188124, June 29, 2010.
Aggravating circumstance; evident premeditation. 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. Premeditation presupposes a deliberate planning of the crime before executing it. The execution of the criminal act, in other words, must be preceded by cool thought and reflection. In this case, there was a showing of a plan or preparation to kill, or proof that the accused meditated and reflected upon his decision to execute the crime. People of the Philippines vs. Albert Sanchez y Galera, G.R. No. 188610, June 29, 2010.
Aggravating circumstance; treachery. There is treachery when the offender commits any of the crimes against persons, employing means, methods or forms which tend directly and specially to ensure its execution, without risk to himself arising from the defense, which the offended party might make. For treachery to be appreciated, two conditions must concur: (a) the employment of means, methods or manner of execution that would ensure the offender’s safety from any defense or retaliatory act on the part of the offended party; and (b) the offender’s deliberate or conscious choice of means, method or manner of execution. People of the Philippines vs. Albert Sanchez y Galera, G.R. No. 188610, June 29, 2010.
Aggravating circumstance; treachery. The essence of treachery is the sudden attack by an aggressor without the slightest provocation on the part of the victim, depriving the latter of any real chance to defend himself, thereby ensuring the commission of the crime without risk to the aggressor. Jurisprudence teaches that there is treachery when an adult person attacks and causes the death of a child of tender years. As the Supreme Court elucidated in People vs. Cabarrubias, the killing of a child is characterized by treachery even if the manner of assault is not shown. For, the weakness of the victim due to his tender years results in the absence of any danger to the accused. People of the Philippines vs. Albert Sanchez y Galera, G.R. No. 188610, June 29, 2010.