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People of the Philippines vs Edgardo Borbon
Aggravating Circumstance – Treachery – Evident Premeditation
On July 17, 1995, Barbon was drunk and he announced he wish to kill Jaime Fahilangan. Upon hearing this, Jaime got scared and he went inside his house. Barbon then went inside a house and emerged therefrom with 2 knives. Then an unsespecting Gregorio was stabbed on the belly by Barbon. Gregorio died. Barbon averred during trial taht he was not at the scene of the crime when it was committed.
ISSUE: Whether or not evident premeditation and treachery are attendant.
HELD: Barbon’s alibi is not credible. The fact that Barbon 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.
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