This case has been cited 2 times or more.
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2015-09-21 |
PERALTA, J. |
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| The CA likewise aptly held that even if the death penalty were still in effect, the imposable penalty would still be reclusion perpetua, since abuse of superior strength can no longer be appreciated as a separate aggravating circumstance in this case. When the circumstance of abuse of superior strength concurs with treachery, the former is absorbed in the latter. Since there no longer exists any aggravating circumstance, the proper penalty is reclusion perpetua, in accordance with Article 63 paragraph 2 of the Revised Penal Code, it being the lesser penalty between the two indivisible penalties for the crime of murder, which is reclusion perpetua to death.[16] | |||||
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2015-06-29 |
VILLARAMA, JR., J. |
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| To be convicted of murder, the following must be established: (1) a person was killed; (2) the accused killed him; (3) the killing was with the attendance of any of the qualifying circumstances under Article 248 of the Revised Penal Code, as amended; and (4) the killing neither constitutes parricide nor infanticide.[17] | |||||