G.R. No. 140762 – 457 Phil. 566 – Criminal Law – Book 1 – Aggravating Circumstances – Abuse of Superior Strength
On March 8, 1996, Roger Roxas,a policeman was looking for something. He then confronted a certain Lorna Puno, thereafter, from the outside of Lorna’s house, Roxas ran after her until halfway inside Lorna’s house. The accused opened Lorna’s bag and upon finding out that what he was looking for was inside Lorna’s bag, he shot her in the left forehead. Lorna was brought to the hospital by her sister. Lorna died 3 days later. Roxas alleged that Lorna sprayed teargas upon him. Roxas was convicted by the trial court for murder aggravated by dwelling and superior strength.
ISSUE: Whether or not the qualifying circumstance of abuse of superior strength is attendant.
HELD: Yes. Roxas is 33 years old described as a “hulk of a man”, he is 5 foot 7 inches tall and was armed when he killed Lorna. Roxas attacked an unarmed defenseless woman. Definitely there is abuse of superior strength. Further, there was no proof that he was indeed sprayed teargas by Lorna. His conviction is affirmed.
