Abuse of superior strength.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. GREGORIO HERMOSA and GABRIEL ABELINDE, accused-appellants. G.R. No. 131805, September 7, 2001.


"NOR can we agree that the crime was committed with abuse of superior strength. This circumstance should be appreciated whenever there is a NOTORIOUS INEQUALITY OF FORCES between the victim and the aggressor, assuming a situation of SUPERIORITY OF STRENGTH NOTORIOUSLY ADVANTAGEOUS FOR THE AGGRESSOR, SELECTED or TAKEN ADVANTAGE OF by him in the commission of the crime.45 MERE superiority in number is NOT ENOUGH to constitute superior strength. There must be CLEAR PROOF OF DELIBERATE INTENT TO TAKE ADVANTAGE of the same. The prosecution did not adduce evidence on these actual issues.46 It is UNCLEAR whether the appellants DELIBERATELY TOOK ADVANTAGE of their combined strength TO FACILITATE the commission of the crime. WHAT Macuibelle saw was just the ONSET of the attack."