Abuse of superior strength

ABUSE OF SUPERIOR STRENGTH AS A QUALIFYING CIRCUMSTANCE

The circumstance of abuse of superior strength is present whenever there is inequality of force between the victim and the aggressor, assuming a situation of superiority of strength notoriously advantageous for the aggressor, and the latter takes advantage of it in the commission of the crime; the appreciation of the aggravating circumstance of superior strength depends on the age, size, and strength of the parties. (People vs. Corpuz, G.R. No. 215320, Feb. 28, 2018; People vs. Mat-an, G.R. No. 215720, Feb. 21, 2018)

The conviction of the accused-appellant for murder is flawed because of the erroneous appreciation of abuse of superior strength as a qualifying circumstance; the presence of this circumstance in the commission of the crime was not sufficiently proven; it must be shown that the advantage of superior strength was purposely and consciously sought by the assailant. (People vs. MiraƱa, G.R. No. 219113, April 25, 2018)

ABUSE OF SUPERIOR STRENGTH AS AN AGGRAVATING CIRCUMSTANCE

Abuse of superior strength is present whenever there is a notorious inequality of forces between the victim and the aggressor/s that is plainly and obviously advantageous to the aggressor/s and purposely selected or taken advantage of to facilitate the commission of the crime; to take advantage of superior strength means to purposely use force excessively out of proportion to the means of defense available to the person attacked; the appreciation of this aggravating circumstance depends on the age, size, and strength of the parties. (People vs. Aquino, G.R. No. 203435, April 11, 2018)

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