Evident premeditation requires time of decision, determination to kill, lapse of sufficient time

For evident premeditation to be appreciated, it is necessary that the prosecution prove the following elements: (1) the time when the accused decided to commit the crime; (2) an overt act showing that the accused had clung to their determination to commit the crime; and (3) the lapse of a sufficient period of time between the decision and the execution of the crime, to allow the accused to reflect upon the consequences of the act. The mere lapse of time is not enough, however, because premeditation is not presumed from the mere lapse of time. It must be evident or manifest in the overt act. [G.R. No. 110833. November 21, 1996]