Facts: In the afternoon of June 11, 1995, two men, one of which was accused Paraiso, invaded the home of Lolita Alipio armed with a gun and a batangas knife. The two men herded Alipio upstairs into one of the rooms, together with the victim's children. Paraiso compelled the victim to give him money and to open the cabinet, after which he ransacked the same, taking jewelry, a wristwatch and a video camera. Lolita was taken to another room who later came out bloodied. clutching her breast. Lolita then collapsed to the floor and died.
Issue: Whether the circumstance of disregard due to sex be appreciated to aggravate the commission of robbery with homicide.
Held: The aggravating circumstance of disregard of the respect due to the victim by reason of her sex cannot be appreciated. This aggravating circumstance can be considered only in crimes against persons and honor. The special complex crime of Robbery with Homicide is a crime against property not against persons. Moreover, even if such aggravating circumstance was present in the instant case it would be absorbed by abuse of superior strength.
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