This case has been cited 2 times or more.
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2002-02-06 |
YNARES-SANTIAGO, J. |
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| Anent the circumstance of age, there must be a showing that the malefactor deliberately intended to offend or insult the age of the victim.[49] Neither could disregard of respect due to sex be appreciated if the offender did not manifest any intention to offend or disregard the sex of the victim.[50] In other words, killing a woman is not attended by the aggravating circumstance if the offender did not manifest any specific insult or disrespect towards the offended party's sex.[51] In the case at bar, there is absolutely no showing that accused-appellant deliberately intended to offend or insult the victim. However, even if disrespect or disregard of age or sex were not appreciated, the four circumstances enumerated in Article 14, paragraph 3 of the Revised Penal Code, as amended, can be considered singly or together.[52] Article 64, paragraph 3, of the Revised Penal Code is clear on this point:ART. 64. Rules for the application of penalties which contain three periods. In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of Article 76 and 77, the courts shall observe for the application of the penalty the following rules according to whether there are no mitigating or aggravating circumstances: | |||||