45 OG 803

Aggravating circumstances; ignominy

PEOPLE VS TORREFIEL

FACTS:

 The Accused and his companion were guerillas of the USAFFE

 On their way to the headquarters, they stopped at the house of the offended party and asked her husband khaki clothes.

 The offended party accused them of being looters. They then decided to bring the spouses to their headquarters
supposedly to investigate the accusations.

 The accused was initially assigned to accompany the husband and his companion the wife. However, the accused was
lost on their way, which led to escape of the husband.

 He eventually kept up with his companion, who, after realizing that the husband escaped, left the wife with the accused
to look for said husband.

 The wife then testified that the accused, after winding cogon grass around his genital organ, raped her.

ISSUE: WON the aggravating circumstance of ignominy can be appreciated

HELD: YES.

 The court appreciated the aggravating circumstance stating that the manner of commission augmented the wrong done
by increasing the pain and adding ignominy thereto.