This case has been cited 1 times or more.
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2000-03-01 |
QUISUMBING, J. |
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| As to Sergio's wife, Rosalinda, the killing was attended by treachery since she was sleeping at the time of the attack, and was in no position to flee or defend herself.[38] As to the three children, Merlene, Rosalie, and Sherly, ages 7, 4, and 2 respectively, the killing was also attended by treachery since they were mere children of tender years who were killed while they were sleeping.[39] Treachery absorbs the generic aggravating circumstance of abuse of superior strength.[40] Evident premeditation was not proven with clear and convincing evidence. Considering that the killings were committed in the domicile of the four victims, without provocation on their part, the aggravating circumstance of dwelling is present. Dwelling is considered an aggravating circumstance by reason of the sanctity of privacy the law accords to human abode, for "he who goes to another's house to hurt him or do him wrong, is more guilty than he who offends him elsewhere."[41] | |||||