This case has been cited 1 times or more.
|
2001-01-16 |
DE LEON, JR., J. |
||||
| The argument is without merit. In the aggravating circumstance of superiority in strength, superiority in number does not necessarily mean superiority in strength; it is necessary to show that the aggressors cooperated in such a way as to secure advantage from their superiority in strength.[73] There must be proof of the relative physical strength of the aggressors and the assaulted party or proof that the accused simultaneously assaulted the deceased.[74] Indeed, the prosecution established that the group of appellants, numbering 10 and all armed, took advantage of their superior strength as they helped one another in the killing of Domingo and Robert Loveres, who were unarmed. Jocelyn Loveres testified thus: xxx xxx xxx | |||||