Abuse of superior strength - "To appreciate abuse of superior strength, there must be a deliberate intent on the part of the malefactors to take advantage of their greater number. "

See -  https://lawphil.net/judjuris/juri2002/dec2002/gr_147649_2002.html


PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRANK LOBRIGAS, MARLITO LOBRIGAS (At Large) and TEODORICO MANTE (acquitted), accused. FRANK LOBRIGAS, accused-appellant. G.R. No. 147649, December 17, 2002.


“X x x.

However, we do not agree with the trial court that the crime committed was murder qualified by the aggravating circumstance of abuse of superior strength. To appreciate abuse of superior strength, there must be a deliberate intent on the part of the malefactors to take advantage of their greater number. They must have notoriously selected and made use of superior strength in the commission of the crime. To take advantage of superior strength is to use excessive force that is out of proportion to the means for self-defense available to the person attacked; thus, the prosecution must clearly show the offenders’ deliberate intent to do so.10

There was no clear indication in this case that the accused-appellant and his companions purposely used their joint efforts to consummate the crime. Consequently, the crime committed by accused-appellant was only homicide.

X x x.”