Ignominy- a circumstance pertaining to the moral order, which adds disgrace and obloquy to

the material injury caused by the crime. This aggravating circumstance is applicable when
the crime committed is against chastity. (Reyes, The Revised Penal Code, Book One)

People vs. Torrefiel

Facts:
December 17, 1942, 5:00 p.m. Torrefiel and Ormeo were on their way to the USSAFE headquarters in
the mountains. They passed by Eadys residence and talked to him at the balcony to ask for khakis.
Eady had none except what he had on.

Ceferina Cordero also came to the balcony and inquired about their mission. She scolded Torrefiel and
Ormeo because all their belongings have been looted by USSAFE soldiers. Torrefiel threatened her with
slapping; brought out revolver. Eady and Cordero were charged with being fifth columnists as they
refused to give aid to them. Subsequently they were taken to the USSAFE headquarters.

Torrefiel took charge of Eady and Ormeo took charge of Cordero. Their hands were free but were
blindfolded. Cordero called to Eady every now and then to know if he was following. After a while Eady
did not respond anymore so they stopped to wait for them. Torrefiel had taken the wrong way so he
went back to a guardhouse and left Eady there. He tried to find a way to overtake Ormeo and Cordero
but was unsuccessful. At the guardhouse, he discovers Eady had escaped. Torrefiel followed a different
route enabling him to find Ormeo and Cordero. Ormeo rushed back to the guardhouse upon discovering
that Eady had escaped; Cordero was left with Torrefiel.

As Cordero was about to urinate, Torrefiel pushed her and carried her to a log and laid her on it and
raped her. Torrefiel began to unbutton his pants and wound cogon leaves around his genitals. It was
visible to Cordero as her blindfold had fallen down a little. Pressing her neck so she would remain silent,
Torrefiel proceeded to have intercourse with her. Ormeo, taking advantage, also had sex with her. The
soldiers desisted from bringing Cordero to their headquarters and returned her to their house. A servant
informed Cordero that Eady had gone away. Upon Eadys return, Cordero informed him that she was
abused by Torrefiel.

Issues:
1) WON witness is credible, and WON rape was committed.
2) WON there are any aggravating circumstances.

Held/Ratio:
1) YES to both.

a. The court sees no incongruity between the affidavit and testimony of complainants. The testimony
sufficiently proves Torrefiels guilt.
i. Cordero recognized Torrefiel by his voice even though she was blindfolded because it was
falling.
ii. Back at Eadys house, the soldiers roaming inside the house is proven by the sound of
their footsteps.

b. Exertion of force or violence is implied in the term rape. Pushing down the victim proves force.
Although for Ormeo, use of force may still be doubted. Cordero was not hostile towards him after crime.

2) YES.
a. Trial Court erred in accepting the aggravating circumstance of NOCTURNITY this was entirely
unexpected as the ordeal started early in the afternoon.

b. IGNOMINY is present.
The novelty of the act of winding cogon grass on his genitals before raping the victim
augmented the wrong done by increasing its pain and adding moral disgrace thereto.