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Evident premeditation, A14(13) Revised Penal Code

1. Concept

Evident premeditation, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender calmly prepares and executes the commission of the crime.

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 the space of time sufficient to arrive at a calm judgment. (People v. Isla, G.R. No. 199875, November 21, 2012, Per Mendoza, J.)

a. Legal basis

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

13. That the act be committed with evident premeditation.

(Revised Penal Code)

2. Evident premeditation

For the aggravating circumstance of evident premeditation, the offender calmly prepares and executes the commission of the crime.

a. Elements

Elements of evident premeditation as an aggravating circumstance:

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. (People v. Racal, G.R. No. 224886, September 04, 2017, Per Peralta, J.)

1) Time when the offender determined to commit the crime

For evident premeditation to be appreciated, it is in...

 



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