Ignominy in the commission of a crime
"Our driver boxed the face of our neighbor purposely in front of his wife and children. A case was filed against our driver and he was informed that ignominy aggravated his action. What does ignominy mean?
Sincerely yours,Karlito
Dear Karlito,For your information, the law that addresses your situation is Article 14 (7) of the Revised Penal Code of the Philippines (RPC):
“Art. 14. Aggravating circumstances. — The following are aggravating circumstances:xxxxxx xxx
17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.”Moreover, the concept of ignominy was further explained by the Honorable Supreme Court, in the case of People of the Philippines vs. Osmundo Fuertes (G.R Nos. 95891-92, February 28, 2000, Ponente: Honorable former Associate Justice Consuelo Ynares-Santiago), which reads:“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.” (Text in the Original)It is clear from the cited provision that ignominy aggravates a criminal act when it brings more humiliation or shame on the part of the victim. Similarly, in your driver’s situation, ignominy may be appreciated as an aggravating circumstance considering that he purposely boxed your neighbor without regard to the fact that his wife and children were present.
We find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated. We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/
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"Ignominy in the commission of a crime" was written by Mary under the Legal Advice category. It has been read 713 times and generated 0 comments. The article was created on 15 September 2021 and updated on 15 September 2021.
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