PEOPLE v NAZARENO

GR No. 196434 | October 24, 2012

TICKLER: Argument during wake of a

friend.

DOCTRINE: Elements of abuse of superior strength.

FACTS:
On November 10, 1993 David Valdez, Magallanes and
Francisco attended the wake of a friend. While there, they
liquor with accused Nazareno and Saliendra. A heated
argument ensued between Magallanes and Nazareno but
their companions pacified them.

On the next day, David, Francisco and Magallanes returned

to the wake. Nazareno and Saliendra also arrived and told
the three not to mond the previous altercation. At around
9:30pm while David, Francisco and Aida Unos were walking
on the street, Nazareno and Saliendra blocked their path,
Nazareno boxed Francisco who fled but Saliendra went after
him with a balisong. Francisco, who succeeded in hiding saw
Nazareno hit David on the body with a stick while Saliendra
struck David’s head with a stone. David ran towards the
gasoline station but Nazareno and Saliendra, aided by some
tanods, caught up with him. As David fell, the tanods took
over the assault. This took place as Magallanes stood about
5 meters across the highway unable to help his friend.
Afterwards, Unos brought David to the hospital. Dr. Rebosa
performed surgery on David’s head but the latter died on
Nov 14 due to massive intracranial hemorrhage.

Accused’s Defense

Nazareno claimed that he left his house at around 930pm on

Nov 11, 1993 to buy milk. While on a street near his house,
he noted a commotion taking place nearby. He then bumped
into Saliendra, Nazareno proceeded home and went to bed.
His wife supported his testimony claiming that she asked her
husband to buy milk for their children. When Nazareno
returned home, he informed her of the commotion outside
and someone bumped into him.

Unos testified that she saw Saliendra chasing David as the

latter hang on the rear of a running jeepney. She claimed
that she did not see Nazareno around the place.

CRIME CHARGED: MURDER

RTC: Found Nazareno GUILTY beyond reasonable doubt,
qualified by abuse of superior strength and aggravated by
treachery.
CA: AFFIRMED with MODIFICATION the ruling of RTC;
finding no treachery; qualified only by abuse of superior
strength.

ISSUE: Did the qualifying circumstance of abuse of superior

strength attend the killing of David?

RULING: YES. The killing of David should be characterized

as one of murder with abused of superior strength:

There is abuse of superior strength when:

1) The aggressors purposely use excessive force rendering

the victim unable to defend himself;2) The notorious
inequality of forces creates an unfair advantage for the
aggressor.

Here, Nazareno and Saliendra evidently armed themselves

beforehand, Nazareno with a stick and Saliendra with a
heavy stone. David was unarmed. The two chased him even
as he fled from them. And when they caught up with him,
aided by some unnamed tanods, Nazareno exploited their
superior strength and knocked on the defenseless David
unconscious. He died from the skull fracture he sustained.

DECISION: AFFIRMED RTC Decision. MURDER qualified

by abuse of superior strength.