People vs Regalario

G.R. No. 174483

Facts:

On the night of February 22, 1997, a dance and singing contest was held in the barangay of Natasan,
Libon, Albay. Victim Rolando Sevilla, together with Armando Poblete, were enjoying the festivities when
the accused Sotero Regalario approached them. To avoid trouble, the two distanced themselves from
the latter, however, a commotion still ensued. Appellants Sotero and Bienvenido, the two being
barangay officials were seen striking Sevilla with a bahi. This made the victim fell down and after a
shortwhile, he got up and ran to the direction of the house of one of the accused appellant, Mariano
Regalario. When Sevilla was already near the house, he was waylaid by Ramon Regalario, and
thereafter, Marciano, together with his son Noel, came out of the house. There the victim suffered
beatings by bahi and punches. When Sevilla was no longer moving, Mariano ordered the others to tie
and kill Sevilla.

Issue:

Whether or not there are aggravating circumstances present?

Held:

In the case at bar, the present aggravating circumstances are (1) abuse of superior strength, and (2)
scoffing of the body of the victim. There is abuse of superior strength, as claimed by the clear and
convincing testimonies of the witnesses that they were armed with bahi, and one was holding a knife.
Also there is abuse of superior strength for they took advantage of their superiority in numbers. In the
second aggravating circumstance, since the victim was tied hog-style after rendering him immobilized,
constitutes outraging or scoffing at the corpse of the victim.