|

Superior strength, weaken the defense, A14(15) Revised Penal Code

1. Concept

Superior strength, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender took advantage of his/her superior strength or employed means to weaken the defense of the victim in the commission of the crime.

a. Legal basis

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

15. That advantage be taken of superior strength, or means be employed to weaken the defense.

(Revised Penal Code)

2. Superior strength or weaken the defense

For the aggravating circumstance of abuse of superior strength, the offender took advantage of his/her superior strength or employed means to weaken the defense of the victim in the commission of the crime.

There is abuse of superior strength “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.” (People v. Canillo, G.R. No. 244051, April 28, 2021, Per Leonen, J.)

To properly appreciate it, it is necessary to evaluate not only the physical condition of the parties and the arms or objects employed but the incidents in the total development of the case as well. (People v. De Leon, En Banc, G.R. No. 128436, December 10, 1999)

a. Relative strength

There are no fixed and invariable rules regarding abuse of superior strength or employing m...

 



Already a subscriber? Log in below. Not yet a member? Subscribe.

 

Similar Posts