People vs Sultan

GR 132470
April 27, 2000
In re: Article 14, par 17
Facts: On June 2, 1997 at 9pm, Juditha M. Bautista was on her way to visit her
Cousin when she passed by a dark alley and was accosted by Fernando Sultan who
pointed an ice pick. He took her to his home and then robbed her of her valuables.
Sultan then ordered her to undress. Then raped her. After he ordered her to put her
bra and panty, tied her hands and left to smoke. Then proceeded to sexually abuse
her again. She was held in his home until noon the next day and was only released
when she "agreed" to elope with him. They had entrapped Sultan and he was found
guilty of the special complex crime of robbery with rape with the 2nd rape included
as an aggravating circumstance due to ignominy.
ISSUE: WON the 2nd rape of the victim was correctly applied as an aggravating
circumstance.
Held: NO. The enumeration of the aggravating circumstances in Article 14 are
exclusive and does not indicate that the additional number of rapes would be an
aggravating circumstances. This contention has no merit.