This case has been cited 3 times or more.
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2012-01-18 |
BERSAMIN, J. |
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| Abuse of superior strength is an aggravating circumstance that qualifies the killing of a person to murder.[35] It is present if the accused purposely uses excessive force out of proportion to the means of defense available to the person attacked, or if there is notorious inequality of forces between the victim and aggressor, and the latter takes advantage of superior strength. Superiority in strength may refer to the number of aggressors and weapons used.[36] | |||||
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2004-03-31 |
CARPIO MORALES, J. |
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| While appellants and the victim were conversing as they walked, the victim placed his right[13] hand on the left shoulder of appellant Siblas and uttered "Pasensiya kan pare."[14] At that instant appellant Agsalog took a step forward, "tapped" the hand of the victim as he faced him, uttered "Di na kami met la [ka]babainen"[15] and simultaneously drew an already open "balisong" and stabbed the victim at his belly and then at his chest while appellant Siblas, with both hands, held the right wrist and right elbow of the victim. | |||||