Killing attended with superior strength, cruelty qualifies as murder

We agree with the recommendation of the counsel for the people that the "killing of Aurelia Perez Montalbo was attended with the superior strength and cruelty" and such "should be changed to murder and the corresponding penalty be raised to reclusion perpetua" and be imposed on accused-appellants. This modification as to the penalty is rendered imperative considering the attendant circumstances which changes the crime of homicide to murder. [G.R. No. 110100-02. December 11, 1996]

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