The People of the Philippines, plaintiff-appellee
vs
Nicolas Jaurigue and Avelina Jaurigue, defendants.
Avelina Jaurigue, appellant.
FACTS:
Nicolas Jaurigue and Avelina Jaurigue were prosecuted in the Court of First Instance of Tayabas, for
the crime of murder, of which Nicolas Jaurigue was acquitted, but defendant Avelina Jaurigue was
found guilty of homicide and sentenced to an indeterminate penalty ranging from seven years, four
months and one day of prision mayorto thirteen years, nine months and eleven days of reclusion
temporal, with the accessory penalties provided by law, to indemnify the heirs of the deceased,
Amando Capina, in the sum of P2,000, and to pay one-half of the costs. She was also credited with
one-half of the period of preventive imprisonment suffered by her.
From said judgment of conviction, defendant Avelina Jaurigue appealed to the Court of Appeals for
Southern Luzon.
On September 20, 1942, at around 8o’clock in the evening, Nicolas Jaurigue went to the chapel of
the Seventh Day Adventists o attend religious services. Avelina Jaurigue entered the chapel shortly
after the arrival of her father, also for the purpose of attending religious services,
Upon observing the presence of Avelina Jaurigue, Amado Capina went to the bench on which
Avelina was sitting and sat by her right side, and, without saying a word, Amado, with the greatest
of impudence, placed his hand on the upper part of her right thigh.
Avelina Jaurigue, conscious of her personal dignity and honor, pulled out with her right hand the fan
knife which she had in a pocket of her dress, with the intention of punishing Amado's offending
hand. Amado seized Avelina's right hand, but she quickly grabbed the knife with her left hand and
stabbed Amado once at the base of the left side of the neck, inflicting upon him a wound about 4
1/2 inches deep, which was necessarily mortal.
Fearing that Amado's relatives might retaliate, barrio lieutenant Lozada advised Nicolas Jaurigue and
herein defendant and appellant to go home immediately, to close their doors and windows and not
to admit anybody into the house, unless accompanied by him.
Then three policemen arrived in their house, at about 10 o'clock that night, and questioned them
about the incident, defendant and appellant immediately surrendered the knife marked as Exhibit B,
and informed said policemen briefly of what had actually happened
ISSUES:
Whether or not the lower court erred in (1) not holding said appellant had acted in the legitimate
defense of her honor, (2) in not finding in her favor additional mitigating circumstances, and (3) in
holding that the commission of the alleged offense attended by aggravating circumstance.
HELD:
In the mind of the court, there is not the least doubt that, in stabbing to death the deceased Amado
Capina, in the manner and form and under the circumstances above indicated, the defendant and
appellant committed the crime of homicide, with no aggravating circumstance whatsoever, but with
at least three mitigating circumstances of a qualified character to be considered in her favor.
Said chapel where the incident took place was lighted with electric lights and there were several
people inside; under the circumstances, there was and there could be no possibility of her being
raped. The means employed by her in the defense of her honor was evidently excessive; and under
the facts and circumstances of the case, she cannot be legally declared completely exempt from
criminal liability.
The facts that the defendant and appellant (1) immediately, voluntarily and unconditionally
surrendered and admitted having stabbed the deceased, (2) had acted in the immediate vindication
of grave offense committed against her, (3) had not intended to kill the deceased but merely
wanted to punish his offending hand, be considered as mitigating circumstances.
Defendant and appellant Avelina Jaurigue is hereby sentenced to an indeterminate penalty ranging
from two months and one day of arresto mayor, as minimum, to two years, four months, and one
day of prision correccional, as maximum, with the accessory penalties prescribed by law, to
indemnify the heirs of the deceased Amado Capina, in the sum of P2,000, and to suffer the
corresponding subsidiary imprisonment, not to exceed 1/3 of the principal penalty, in case of
insolvency, and to pay the costs. Defendant and appellant should also be given the benefit of 1/2 of
her preventive imprisonment, and the knife marked ordered confiscated.