University of the Philippines College of Law

ECLV, 1-D

Topic Topic
Case No. Case No. / Date
Case Name CASE NAME
Ponente NAME, j.
Doctrine
Case
Summary

RELEVANT 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.

RATIO DECIDENDI

Issue Ratio
W/N the aggravating YES.
circumstance of ignominy
can be appreciated 1. 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.
W/N the aggravating NO.
circumstance of nocturnity
can be appreciated 1. this was entirely unexpected as the ordeal started early in the
afternoon

RULING

WHEREFORE,

SEPARATE OPINIONS
 University of the Philippines College of Law
ECLV, 1-D

NOTES