Article 15, Paragraph 17- Aggravating Circumstances

That means be employed or circumstances brought about which add ignominy to the natural effects of the act.

Basis – has reference to the means employed


- A circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime.
o A married woman is raped in the presence of her husband/betrothed
o A woman was raped by four men
o The accused used not only the missionary position, but also sexual intercourse of entry from behind
o Compelling an old woman to confess to theft of clothes, maltreating thereafter and taking off her drawers (no other purpose but to put the woman to shame)

Applicable to:

- Crimes against chastity
- Less serious physical injuries
- Light or grave coercion
- Murder

“That means be employed”

- The accused raped a woman after winding cogon grass around his genital organ. The wrong done was augmented by increasing its pain and adding ignominy thereto. (People v Torrefiel)

“Which add ignominy to the natural effects of the act”

- The means employed or the circumstances brought about must tend to make the effects of the crime more humiliating or to put offended party to shame

When there is no ignominy

- The victim was already dead when his body was dismembered (People v Carmina)
- 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)