CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

C. Aggravating Circumstances
f. Ignominy

PP v ALFANTA
320 SCRA 357

FACTS:

Accused entered the place where the victim was sleeping with a bolo. He brought her to an
abandoned place where he raped her, inserting his fingers and penis into her vagina and anus.

ISSUE:

Whether or not the wrongful act of the accused is an aggravating circumstance of ignominy.

RULING:

Yes.

RATIO DECIDENDI:

Accused entered the place where the victim was sleeping with a bolo. He brought her to an
abandoned place where he raped her, inserting his fingers and penis into her vagina and anus. He
was sentenced to death because of the aggravating circumstances of use of a deadly weapon, night
time and ignominy.

The Solicitor General correctly invoked the case of People vs. Saylan,19 where this Court
said:
“The trial court held that there was ignominy because the appellant used not only the missionary
position, i.e. male superior, female inferior, but also ‘the same position as dogs do’ i.e., entry from
behind…”