Un-alleged aggravating circumstances becomes generic, not qualifying

This aggravating circumstance cannot be considered as a qualifying circumstance so as to make the killing murder. This circumstance was not specifically alleged in the information and therefore it can only be considered a generic aggravating circumstance for the purpose of increasing the penalty. A qualifying circumstance, like abuse of superior strength, which is not alleged, cannot be used to qualify the offense but may only be appreciated as a generic aggravating circumstance. [G.R. No. 108871. November 19, 1996]