EVIDENT PREMEDITATION explained

 "Meanwhile, to substantiate the claim of evident premeditation, this Court instructed in People v. Borbon70 that it is indispensable that the facts on "how and when the plan to kill was hatched"71 are presented into evidence. In People v. Ordona,72 we added that "[t]he requirement of deliberate planning should not be based merely on inferences and presumptions but on clear evidence."73

Here, the prosecution failed to establish in its version of the events that accused-appellant and his family members had schemed to kill Villalobos. Fresado's testimony merely showed that Villalobos followed Lorna to Delpan Bridge, and that he was later attacked by accused-appellant, Lorna, and Lorna's husband. The Regional Trial Court merely inferred that there was a plan in place because accused-appellant's act of stabbing Villalobos five (5) times implied that "[s]ufficient time elapsed from the time [accused-appellant] determined to kill the victim up to the time he actually committed the act[.]"74 In fact, no evidence was presented to show the how and when of the plan to kill Villalobos.

Thus, the Court of Appeals was correct in reversing the Regional Trial Court's finding of evident premeditation:

The prosecution failed to establish by clear and positive evidence the time when the accused-appellant resolved to kill the accused (sic) with respect to the time when it was actually accomplished; mere presumptions and inferences of evident premeditation, no matter how logical and probable, are insufficient. Also, mere determination to commit the crime does not of itself establish evident premeditation for it must appear, not only that the accused made a decision to commit the crime prior to the moment of execution, but also that his decision was the result of meditation, calculation or reflection or persistent attempt. Apropos, there is much to be desired from David 's testimony on this respect.75 (Citations omitted)

Nonetheless, because treachery is present in the killing, accused­ appellant's conviction for murder is affirmed. Moreover, this Court modifies the awards of civil indemnity, moral damages, and exemplary damages to P100,000.00 each, in accordance with People v. Jugueta.76"

G.R. No. 229349, January 29, 2020

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. GREG ANTONIO Y PABLEO @ TOKMOL, ACCUSED-APPELLANT.