Ignominy- a circumstance pertaining to the

moral order
, which adds disgrace and obloquy to thematerial injury caused by the crime. This aggravating
circumstance is applicable when the crimecommitted 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 inthe mountains. They passed by Eady’s 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 andOrmeo 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 theyrefused
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 wereblindfolded.
Cordero called to Eady every now and then to know if he was following. After a while Eadydid
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
Corderobut was unsuccessful. At the guardhouse, he discovers Eady had escaped. Torrefiel
followed a differentroute enabling him to find Ormeo and Cordero. Ormeo rushed back to the
guardhouse upon discoveringthat 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 andraped her.
Torrefiel began to unbutton his pants and wound cogon leaves around his genitals. It wasvisible
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. Thesoldiers desisted from bringing Cordero to their headquarters and returned her to
their house. A servantinformed Cordero that Eady had gone away. Upon Eady‘s return, Cordero
informed him that she wasabused 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 testimonysufficiently proves Torrefiel‘s guilt.i. Cordero recognized Torrefiel
by his voice even though she was blindfolded because it wasfalling.ii. Back at Eady‘s house, the
soldiers‘ roaming inside the house is proven by the sound oftheir 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 entirelyunexpected 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