This case has been cited 1 times or more.
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2000-03-09 |
DE LEON, JR., J. |
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| We agree with the lower court that the killing of Analou Eduave by appellant Lumandong was attended by treachery in view of the age of the victim who was only eight (8) years[32] old at the time of her death on November 30, 1995.[33] Likewise, the aggravating circumstance of uninhabited place under Article 14(6) was correctly appreciated against the appellant. It appears from the evidence that the appellant deliberately carried his victim to the isolated and grassy portion of the Iponan River which is about two hundred (200) meters away from her house[34] before killing his said victim thereby facilitating the commission of the crime. The aggravating circumstances of nighttime and abuse of superior strength are absorbed in treachery. The aggravating circumstance of cruelty may not be appreciated against the appellant absent any showing that the other wounds found on the body of the victim were inflicted to prolong her suffering before the fatal wound was delivered.[35] | |||||