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PEOPLE v. LORENZO ASIS Y GONZALES

This case has been cited 3 times or more.

	GR No. 175315 2010-08-09	PEOPLE v. ELIZER BEDUYA DEL CASTILLO, J.
The prosecution in this case failed to adduce evidence of a relative disparity in age, size and strength, or force, except for the showing that two assailants, one of them (Elizer) armed with a knife, assaulted the victim. The presence of two assailants, one of them armed with a knife, does not ipso facto indicate an abuse of superior strength.[25] Mere superiority in numbers is not indicative of the presence of this circumstance.[26] Neither did the prosecution present proof to show that the victim suffered from an inferior physical condition from which the circumstance can be inferred. In fact, there is evidence that the victim was able to get hold of a piece of wood and deliver retaliatory blows against the knife-wielder, Elizer.[27]
	GR No. 149988 2009-08-14	RAMIE VALENZUELA v. PEOPLE BRION, J.
In the present case, the prosecution failed to present evidence to show a relative disparity in age, size, strength, or force, except for the showing that two assailants, one of them armed with a knife, attacked the victim. The presence of two assailants, one of them armed with a knife, is not per se indicative of abuse of superior strength.[13] Mere superiority in numbers does not indicate the presence of this circumstance.[14] Nor can the circumstance be inferred solely from the victim's possibly weaker physical constitution. In fact, what the evidence shows in this case is a victim who is taller than the assailants[15] and who was even able to deliver retaliatory fist blows[16] against the knife-wielder.
	GR No. 153781 2003-09-24	PEOPLE v. MATEO GREGORIO Y CARPIO YNARES-SANTIAGO, J.
The essence of treachery is the sudden and unexpected attack by an aggressor on an unsuspecting victim, depriving the latter of any real chance to defend himself, thereby ensuring its commission without risk to the aggressor, without the slightest provocation on the part of the victim.[19] Abuse of superior strength is present whenever there is a notorious inequality of forces between the victim and the aggressor, assuming a situation of superiority of strength notoriously advantageous for the aggressor selected or taken advantage of by him in the commission of the crime. It must be shown by clear and convincing evidence that this qualifying circumstance was consciously sought by the assailants.[20]