C.A. No.

384
February 21, 1946
THE PEOPLE OF THE PHILIPPINES vs.
NICOLAS JAURIGUE and AVELINA JAURIGUE
DE JOYA, J.:

FACTS:
Avelina Jaurigue and Nicolas Jaurigue, her father, were prosecuted for the crime of murder for
which Nicolas was acquitted while Avelina was found guilty of homicide.

At about 8:00 PM of September 20, 1942, Amado Capina, deceased victim, went to the chapel
of Seventh Day Adventists to attend religious services and sat at the front bench facing the altar.
Avelina Jaurigue entered the chapel shortly after the arrival of her father for the same purpose
and sat on the bench next to the last one nearest the door. Upon seeing Avelina, Amado went
and sat by Avelinas right side from his seat on the other side of the chapel, and without saying
a word, placed his hand on the upper part of her right thigh.

Avelina Jaurigue, therafter, pulled out with her right hand the fan knife which she had in a
pocket of her dress with the intention of punishing Amados offending hand. Amado seized her
right hand but she quickly grabbed the knife on her left hand and stabbed Amado once at the
base of the left side of the neck inflicting upon him a wound about 4 inches deep, which is
mortal.

Nicolas saw Capina bleeding and staggering towards the altar, and upon seeing his daughter
approached her and asked her the reason for her action to which Avelina replied, Father, I
could not endure anymore.

Amado Capina died a few minutes after. Barrio lieutenant, Casimiro Lozada was there and
Avelina surrendered herself. Lozada advised the Jaurigues to go home immediately for fear of
retaliation of Capinas relatives.

Events prior:
One month before that fatal night, Amado Capina snatched Avelinas handkerchief bearing her
nickname while it was washed by her cousin, Josefa Tapay.

7 days prior to incident (September 13, 1942), Amado approached her and professed his love
for her which was refused, and thereupon suddenly embraced and kissed her and touched her
breasts. She then slapped him, gave him fist blows and kicked him. She informed her matter
about it and since then, she armed herself with a long fan knife whenever she went out.

2 days after (September 15, 1942), Amado climbed up the house of Avelina and entered the
room where she was sleeping. She felt her forehead and she immediately screamed for help
which awakened her parents and brought them to her side. Amado came out from where he had
hidden and kissed the hand of Avelinas father, Nicolas.

Avelina received information in the morning and again at 5:00 PM on the day of the incident
(September 20, 1942) that Amado had been falsely boasting in the neighbourhood of having
taken liberties with her person. In the evening, Amado had been courting the latter in vain.

ISSUES:
 1. Whether or not the defendant should be completely absolved of all criminal responsibility
because she is justified in having acted in the legitimate defense of her honor.

2. Whether or not the Court should find the additional mitigating circumstances of voluntary
surrender, presence of provocation and absence of intent in her favour

3. Whether or not committing said offense in a sacred place is an aggravating

circumstance in this case

HELD:
1. Conviction of defendant is sustained and cannot be declared completely exempt from
criminal liability. To be entitled to a complete self-defense of chastity, there must be an
attempt to rape. To provide for a justifying circumstance of self-defense, there must be a)
Unlawful aggression, b) Reasonable necessity of the means employed to prevent or
repel it, c) Lack of sufficient provocation on the part of the person defending himself.
Attempt to rape is an unlawful aggression. However, under the circumstances of the
offense, there was no possibility of the defendant to be raped as they were inside the
chapel lighted with electric lights and contained several people. Thrusting at the base of
Capinos neck as her means to repel aggression is not reasonable but is instead,
excessive.

2. Mitigating circumstances are considered in her favour. Circumstances include her

voluntary and unconditional surrender to the barrio lieutenant, provocation from the
deceased which produced temporary loss of reason and self-control of the defendant
and lack of intent to kill the deceased evidenced by infliction of only one single wound.

3. Aggravating circumstance of having committed offense in a sacred place is not

sustained as there is no evidence that the defendant had intended to murder the
deceased when she entered the chapel that night. She killed under great provocation.

Penalty: For homicide, penalty is reclusion temporal. However, with 3 mitigating circumstances
and no aggravating circumstance, it is reduced by two degrees, in this case, prision
correccional. Indeterminate Sentence Law provides the penalty ranging from arresto mayor in
its medium degree to prision correccional in its medium degree.

Avelina is sentenced to 2mos and 1 day of arresto mayor as minimum to 2 years, 4 months, and
1 day of prision correccional as maximum; to indemnify heirs of Capina in the sum of 2,000; with
corresponding subsidiary imprisonment not to exceed 1/3 of principal penalty and to pay costs.
She is given the benefit of of her preventive imprisonment