Disproportionality rule

The determination of whether or not the aggravating circumstance of abuse of superior strength was attendant requires the arduous review of the acts of the accused in contrast with the diminished strength of the victim. There must be a showing of gross disproportionality between each of them. Mere numerical superiority on the part of the accused does not automatically equate to superior strength. The determination must take into account all the tools, skills and capabilities available to the accused and to the victim to justify a finding of disproportionality; otherwise, abuse of superior strength is not appreciated as an aggravating circumstance. (G.R. No. 213415. September 26, 2018)

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