PEOPLE OF THE PHILIPPINES vs VILLANUEVA and Sayson
G.R. No. 226475
REYES, J.:
Facts
On January 1, 2012 at around past 5:00 a.m. Amie Bafiaga (Bañaga) was selling tapsilog to a
group of persons playing cara y cruz at the comer of an alley in Summitville, Barangay Putatan,
Muntinlupa City. The accused-appellants and Valencia arrive and ask the group if they know Enrico
Enriquez (Enrico), the group answered that they do not know Enrico. The accused-appellants and
Valencia then went to the tricycle terminal, which was about 10 to 15 meters away, where they saw
Enrico.
They then attacked Enrico throwing punches and hitting Enrico with a stone wrapped in a t-shirt.
Valencia then stabbed Enrico on the left side of his armpit. Then the assailants fled. Villanueva was
caught by a men aboard a pursuing tricycle. The Barangay Police on duty that Djohan Gonzales arrived
and saw the bloodied man, who was later identified as Villanueva. Villanueva was then brought to the
Barangay Hall where the stabbing incident was recorded in the Barangay Police blotter. Thereafter,
Villanueva was brought to CID office of Muntinlupa Police Station
Enrico was brought to the Muntinlupa Medical Center, but he was declared dead on arrival. Dr.
Roberto Rey C. San Diego, medico-legal officer of the National Bureau of Investigation, conducted an
autopsy on Enrico's body. He noted two stab wounds on the left side of Enrico's chest, one of which
penetrated the left atrium of the heart.
On the other hand, the accused-appellants denied the allegations against them. Villanueva
claimed that on January 1, 2012, at around 2:00 a.m. they went to the house of their friend in Summitville
to eat. Where he was invited by Valencia to drink with Abad and Charlotte. At around 4:30 am. Valencia
left the group, 30 minutes after, the accused appellant also left and went home. On their way home they
saw Valencia arguing with Enrico which led to a fist fight. They tried to pacify Valencia and Enrico but
Enrico suddenly feel on the ground. Villanueva ran away a he was scared to be gang up by the bystander
in the terminal. On his way home the accused-appellant was then forced by Baniaga to board the tricycle
and he was then beaten inside Villanueva was then brought to the Philippine General Hospital to be
treated.
On September 16, 2014, the RTC rendered a Decision, Court finds [the accused-appellants]
GUILTY beyond reasonable doubt of the crime of Murder defined and penalized under Article 248 of the
[RPC] and accordingly sentences them to suffer the penalty of reclusion perpetua. In convicting them of
the crime of murder, the RTC appreciated the qualifying circumstance of abuse of superior strength
considering that Enrico was all alone when he was attacked by the accused-appellants and Valencia
The accused-appellants appealed the RTC decision to the CA. The Court of Appeals then
Affirmed the decision of the RTC. The accused-appellant then came before the Supreme Court to appeal
the decision of the Court of Appeals.
Issue
Whether the accused-appellants acted with abuse of superior strength.
Ruling
No, mere superiority in numbers does not ipso facto indicate an abuse of superior strength. The
evidence must establish that the assailants purposely sought the advantage, or that they had the deliberate
intent to use this advantage. To take advantage of superior strength means to purposely use excessive
force 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. The prosecution failed to
present evidence as regards the relative disparity in age, size, strength or force between the accused-
appellants and Valencia, on one hand, and Enrico, on the other.
