That means be employed or circumstances brought about which add ignominy to the natural effects of the act. (Art. 14, par. 17, RPC)
What is ignominy?
It is a circumstance pertaining to the moral order, which adds disgrace to the material injury caused by the crime.
What is required in order that ignominy be considered as aggravating?
For ignominy to be appreciated, it is required that the offense be committed in a manner that tends to make its effect more humiliating, thus adding to the victim's moral suffering. It is, as the saying goes, adding insult to injury.
The means employed or the circumstances brought about must tend to make the effects of the crime MORE HUMILIATING or TO PUT THE OFFENDED PARTY TO SHAME. (People vs. Fuertes, G.R. Nos. 95891-92. February 28, 2000)
It is a circumstance pertaining to the moral order, which adds disgrace to the material injury caused by the crime.
What is required in order that ignominy be considered as aggravating?
For ignominy to be appreciated, it is required that the offense be committed in a manner that tends to make its effect more humiliating, thus adding to the victim's moral suffering. It is, as the saying goes, adding insult to injury.
The means employed or the circumstances brought about must tend to make the effects of the crime MORE HUMILIATING or TO PUT THE OFFENDED PARTY TO SHAME. (People vs. Fuertes, G.R. Nos. 95891-92. February 28, 2000)
When is ignominy applicable?
Ignominy is applicable to crimes against chastity, rape, less serious physical injuries, light or grave coercion and murder.
Example:
●The novelty of the manner in which the accused raped the victim by winding cogon grass around his genitals augmented the wrong done by increasing its pain and adding ignominy thereto. (People v. Torrefiel)
● There was ignominy because the accused not only used missionary position but also “the same position as dogs do.” He also inserted his finger inside her. Although the “dog position” is not novel and often been used by couples, there is ignominy if the sexual act is performed not by consenting parties. (People v. Alfanta)
● The aggravating circumstance of ignominy shall be taken into account if means are employed or circumstances brought about which add ignominy to the natural effects of the offense; or if the crime was committed in a manner that tends to make its effects more humiliating to the victim, that is, add to her moral suffering. It was established that Baliwang used the flashlight and examined the genital of Gloria before he ravished her. He committed his bestial deed in the presence of Gloria's old father. These facts clearly show that Baliwang deliberately wanted to further humiliate Gloria, thereby aggravating and compounding her moral sufferings. Ignominy was appreciated in a case where a woman was raped in the presence of her betrothed, or of her husband, or was made to exhibit to the rapists her complete nakedness before they raped her. (People v. Bumidang)
● The act of "plastering" mud on the victim's vagina right after she was raped, is adequately and properly described as "ignominy" (People v. Fernandez, G.R. No. L-62116, March 22, 1990)
When ignominy not considered as aggravating
● it was incorrect to appreciate adding ignominy to the offense because the victim was already dead when his body was dismembered. This aggravating circumstance requires that the offense be committed in a manner that tends to make its effects more humiliating to the victim, that is, add to his moral suffering. (People v. Carmina, G.R. No. 81404, January 28, 1991)
● For ignominy to be appreciated, it is required that the offense be committed in a manner that tends to make its effect more humiliating, thus adding to the victim's moral suffering. Where the victim was already dead when his body or a part thereof was dismembered, ignominy cannot be taken against the accused. In this case, the information states that Victorino's sexual organ was severed after he was shot and there is no allegation that it was done to add ignominy to the natural effects of the act. We cannot, therefore, consider ignominy as an aggravating circumstance. (People v. Cachola)
● The aggravating circumstance of ignominy (ignominia), although alleged can not be appreciated in this case. Ignominy is a circumstance pertaining to the moral order which adds disgrace and obloquy to the material injury caused by the crime. The clause "Which add ignominy to the natural effects of the act" contemplates a situation where the means employed or the circumstances tend to make the effects of the crime more humiliating or to put the offended party to shame. In this case, there is no showing that the offenses were perpetrated in a manner which tended to make its effects more humiliating to the victims.
Neither can the act of slicing the left leg of Napoleon Aldeguers lifeless body nor the stabbing of Mateo Aldeguers corpse in the stomach be considered indications of ignominia because what is required is that the crime be committed in a manner that tends to make its effects more humiliating to the victim, that is, add to his moral suffering. Thus, it was held that the fact that the accused sliced and took the flesh from the thighs, legs and shoulders of the victim with a knife after killing the victim did not add ignominy to the natural effects of the act. (People vs. Fuertes)
● The assailant fired more shots at the prostrate bodies of his victims (People v. Pantoja)
● A man is killed in the presence of his wife. No means was employed nor did any circumstance surround the act tending to make the effects of the crime more humiliating (US v Abaigar)
Ignominy vs. Cruelty
Ignominy produces moral suffering, while cruelty produces physical suffering.
Ignominy shocks the moral conscience of man while cruelty is physical. Ignominy refers to the moral effect of a crime and it pertains to the moral order, whether or not the victim is dead or alive. Cruelty pertains to physical suffering of the victim so the victim has to be alive. In plain language, ignominy is adding insult to injury.
● There was ignominy because the accused not only used missionary position but also “the same position as dogs do.” He also inserted his finger inside her. Although the “dog position” is not novel and often been used by couples, there is ignominy if the sexual act is performed not by consenting parties. (People v. Alfanta)
● The aggravating circumstance of ignominy shall be taken into account if means are employed or circumstances brought about which add ignominy to the natural effects of the offense; or if the crime was committed in a manner that tends to make its effects more humiliating to the victim, that is, add to her moral suffering. It was established that Baliwang used the flashlight and examined the genital of Gloria before he ravished her. He committed his bestial deed in the presence of Gloria's old father. These facts clearly show that Baliwang deliberately wanted to further humiliate Gloria, thereby aggravating and compounding her moral sufferings. Ignominy was appreciated in a case where a woman was raped in the presence of her betrothed, or of her husband, or was made to exhibit to the rapists her complete nakedness before they raped her. (People v. Bumidang)
● The act of "plastering" mud on the victim's vagina right after she was raped, is adequately and properly described as "ignominy" (People v. Fernandez, G.R. No. L-62116, March 22, 1990)
When ignominy not considered as aggravating
● it was incorrect to appreciate adding ignominy to the offense because the victim was already dead when his body was dismembered. This aggravating circumstance requires that the offense be committed in a manner that tends to make its effects more humiliating to the victim, that is, add to his moral suffering. (People v. Carmina, G.R. No. 81404, January 28, 1991)
● For ignominy to be appreciated, it is required that the offense be committed in a manner that tends to make its effect more humiliating, thus adding to the victim's moral suffering. Where the victim was already dead when his body or a part thereof was dismembered, ignominy cannot be taken against the accused. In this case, the information states that Victorino's sexual organ was severed after he was shot and there is no allegation that it was done to add ignominy to the natural effects of the act. We cannot, therefore, consider ignominy as an aggravating circumstance. (People v. Cachola)
● The aggravating circumstance of ignominy (ignominia), although alleged can not be appreciated in this case. Ignominy is a circumstance pertaining to the moral order which adds disgrace and obloquy to the material injury caused by the crime. The clause "Which add ignominy to the natural effects of the act" contemplates a situation where the means employed or the circumstances tend to make the effects of the crime more humiliating or to put the offended party to shame. In this case, there is no showing that the offenses were perpetrated in a manner which tended to make its effects more humiliating to the victims.
Neither can the act of slicing the left leg of Napoleon Aldeguers lifeless body nor the stabbing of Mateo Aldeguers corpse in the stomach be considered indications of ignominia because what is required is that the crime be committed in a manner that tends to make its effects more humiliating to the victim, that is, add to his moral suffering. Thus, it was held that the fact that the accused sliced and took the flesh from the thighs, legs and shoulders of the victim with a knife after killing the victim did not add ignominy to the natural effects of the act. (People vs. Fuertes)
● The assailant fired more shots at the prostrate bodies of his victims (People v. Pantoja)
● A man is killed in the presence of his wife. No means was employed nor did any circumstance surround the act tending to make the effects of the crime more humiliating (US v Abaigar)
Ignominy vs. Cruelty
Ignominy produces moral suffering, while cruelty produces physical suffering.
Ignominy shocks the moral conscience of man while cruelty is physical. Ignominy refers to the moral effect of a crime and it pertains to the moral order, whether or not the victim is dead or alive. Cruelty pertains to physical suffering of the victim so the victim has to be alive. In plain language, ignominy is adding insult to injury.
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