G.R. NO. 143085 – 425 SCRA 178 – Criminal Law – Aggravating Circumstance – Treachery – Evident Premeditation
On July 17, 1995, Edgardo Borbon was drunk and he announced he “wanted to kill”. He then held the wrist of a certain Jaime Tabilangan. Upon hearing this, Jaime got scared and he went inside his house. Borbon then went inside a house and emerged therefrom with 2 knives. Then an unsuspecting Gregorio Suck was stabbed on the belly by Borbon. Gregorio died. Borbon averred during trial that he was not at the scene of the crime when it was committed.
ISSUE: Whether or not evident premeditation and treachery are attendant.
HELD: No, only one of the two is present. The fact that Borbon is armed with two knives and he announced his intent to kill and his sudden and unexpected attack upon the victim Gregorio (which gave Gregorio no means of defense) indicates the presence of treachery. However, evident premeditation is not proved for there was no sufficient time for him to reflect upon the crime he was about to commit.
Borbon’s alibi is not credible in the light of the positive and categorical identification by the prosecution witness that he, Borbon, was the perpetrator of the crime charged.
