Where conspiracy directly established, evident premeditation presumed

The evidence on the existence of evident premeditation does not appear conclusive as it can only be presumed where conspiracy is directly established. But when conspiracy is only implied, as in this case, evident premeditation may not be appreciated if there is no showing as to when the plan to kill the victim was hatched or how much time elapsed before it was carried out. In the present case, conspiracy was not directly established. It may only be inferred from the manner by which the two (2) malefactors executed their sinister design. No evidence was presented to show how appellant and his cohort planned and prepared to slay their victim or when their plan was first conceived. [G.R. Nos. 112716-17. December 16, 1996]