This case has been cited 1 times or more.
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2003-08-28 |
DAVIDE JR., C.J. |
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| Neither can we appreciate the aggravating circumstance of abuse of superior strength. The records are bereft of any information with respect to the physical condition of both Ernesto and Remegio. For the aggravating circumstance of abuse of superior strength to be appreciated, the age, size, and strength of the parties must be considered. There must be a notorious inequality of forces between the victim and the aggressor, giving the latter a superiority of strength which is taken advantage of by him in the commission of the crime.[42] And even assuming arguendo that it existed, abuse of superior strength should not be appreciated separately, for it is absorbed in treachery.[43] | |||||