This case has been cited 2 times or more.
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2008-11-03 |
BRION, J. |
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| We agree, however, that abuse of superior strength attended the killing of the victim. To take advantage of superior strength means to use purposely excessive force, or force out of proportion to the means of defense available to the person attacked. The aggravating circumstance of abuse of superior strength depends on the age, size and strength of the parties.[43] It is present whenever there is inequality of forces between the victim and the aggressor so that the superiority of strength is notoriously advantageous for the latter who took advantage of this superiority in committing the crime.[44] | |||||
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2008-04-18 |
REYES, R.T., J. |
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| The CA award of burial expenses in the amount of P1,800.00 and P141,320.00 for lost earnings is duly covered by receipts and testimony of the victim's spouse, respectively. It should be maintained. The award of P50,000.00 for civil indemnity and another P50,000.00 for moral damages is likewise in accord with latest jurisprudence.[32] | |||||