Abuse of superior strength requires notorious inequality of forces between victim, aggressor

We hold that the trial court erred in appreciating the circumstance of abuse of superior strength. The fact that the victim was a woman does not, by itself, establish that appellant committed the crime with abuse of superior strength. There ought to be enough proof of the relative strength of the aggressor and the victim. Abuse of superior strength can be appreciated only when there is a notorious inequality of forces between the victim and the aggressor. It contemplates a situation of strength notoriously selected or taken advantage of by him in the commission of the crime. [G.R. No. 111541. December 17, 1996]