This case has been cited 3 times or more.
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2011-01-26 |
VELASCO JR., J. |
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| To take advantage of superior strength is to purposely use excessive force, out of proportion to the means of defense available to the person attacked.[36] As testified by Santiago Arasula, the lone eyewitness, the two accused were stabbing his brother, who was unarmed and intoxicated. It is clear, therefore, that Armando was in no position to defend himself from two armed assailants, who, as Santiago testified, were armed with small bolos. While it is true that superiority in number does not per se mean superiority in strength, accused-appellants in this case did not only enjoy superiority in number, but were armed with weapons, while the victim had no means with which to defend himself.[37] Accused-appellants took advantage of their number and weapons, as well as the condition of the victim, to commit the crime. | |||||
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2007-08-28 |
CHICO-NAZARIO, J. |
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| The aggravating circumstance of abuse of superior strength attended the killing. There was glaring disparity of strength between the victim and the four accused. The victim was unarmed while the accused were armed with a hunting knife, chako and bolo. It is evident that the accused took advantage of their combined strength to consummate the offense. This aggravating circumstance, though, cannot be separately appreciated because it is absorbed in treachery. In People v. Parreno,[51] we decreed: As regards the aggravating circumstance of abuse of superior strength, what should be considered is not that there were three, four, or more assailants as against one victim, but whether the aggressors took advantage of their combined strength in order to consummate the offense. While it is true that superiority in number does not per se mean superiority in strength, the appellants in this case did not only enjoy superiority in number, but were armed with a weapon, while the victim had no means with which to defend himself. Thus, there was obvious physical disparity between the protagonists and abuse of superior strength on the part of the appellants. Abuse of superior strength attended the killing when the offenders took advantage of their combined strength in order to consummate the offense. However, the circumstance of abuse of superior strength cannot be appreciated separately, it being necessarily absorbed in treachery. As a final attempt to lower their conviction to Homicide, appellants, citing People v. Alba,[52] argue that although treachery was alleged in the Information and proven according to the trial court, the same was not specified as a qualifying circumstance. Such argument fails. | |||||
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2004-09-21 |
PER CURIAM |
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| It is a well-entrenched rule that the trial judge's, in this case, the investigating justice's findings of facts and assessment of the credibility of witnesses are accorded finality. However, such rule is not without exceptions. Such findings may be reviewed if there appears in the record some fact or circumstance of weight which the lower court may have overlooked, misunderstood or misappreciated, and which, if properly considered, would alter the result of the case.[7] Among the circumstances which had been held to be justifiable reasons for the Court to reexamine the trial court or appellate court's findings of facts are, when the inference made is manifestly mistaken; when the judgment is based on misapprehension of facts; and when the finding of fact of the trial court or appellate court is premised on the supposed absence of evidence and is contradicted by evidence on record.[8] | |||||