BARBADILLO, ANNA DOMINIQUE B. FCL-1B CRIM 1 JUSTICE AMPARO M.

CABOTAJE-TANG

[ADM Matter No. 384. February 21, 1946.] Nicolas Jaurigue sent for the barrio lieutenant,
PEOPLE OF THE PHILIPPINES, plaintiff-appelle Casimiro Lozada, and for Amado's parents, the
vs. AVELINA JAURIGUE, defendant-appellant following morning. Amado's parents came to
the house of Jaurigue and apologized for the
misconduct of their son.
This is a petition for review from the conviction
of appellant, Avelina Jaurigue who was found One morning, Avelina received information that
guilty of the crime of homicide. Amado had been falsely boasting in the
neighborhood of having taken liberties with her
FACTS person and that she had even asked him to
elope with her and that if he should not marry
Both the defendant and appellant Avelina her, she would take poison; and that Avelina
Jaurigue and the deceased Amado Capiña lived again received information of Amado's bragging
in the barrio of Sta. Isabel, San Pablo City, in the afternoon of that same day.
Laguna; that for some time prior to the stabbing
incident, the Amado had been courting Avelina At about 8 o'clock in the evening of the same
in vain, and that on one occasion, Amado day, September 20, 1942, Nicolas Jaurigue went
snatched a handkerchief belonging to her, to the chapel of the Seventh Day Adventists of
bearing her nickname "Avelin”, while it was which he was the treasurer, in their barrio, just
being washed by her cousin, Josefa Tapay. across the provincial road from his house, to
attend religious services. Inside the chapel it
On one occassion while Avelina was feeding a was quite bright as there were electric lights.
dog under her house, Amado approached her
and spoke to her of his love, which she flatly Shortly, Avelina entered the chapel to also
refused, he then suddenly embraced and kissed attend the religious services, and sat on the
her and touched her breast, and in return bench next to the last one nearest the door,
Avelina slapped Amado, gave him fist blows and while Amado was seated on the other side of
kicked him. She kept the matter to herself, until the chapel. Upon observing the presence of
the following morning when she informed her Avelina, Amado went to the bench on which
mother about it. Since then, she armed herself Avelina was sitting and sat by her right side,
with a long fan knife, whenever she went out, and, without saying a word, Amado placed his
evidently for self-protection. hand on the upper part of her right thigh. On
observing this highly improper and offensive
Another time, about midnight, Amado climbed conduct of Amado, Avelina conscious of her
up the house of Avelina, and sneakily entered personal dignity and honor, pulled out with her
the room where she was sleeping. He felt her right hand the fan knife which she had in a
forehead, evidently with the intention of pocket of her dress, with the intention of
abusing her. She immediately screamed for punishing Amado's offending hand. Amado
help, which awakened her parents and brought seized Avelina's right hand, but she quickly
them to her side. Amado came out from where grabbed the knife with her left hand and
he had hidden under a bed in Avelina's room stabbed Amado once at the base of the left side
and kissed the hand of Nicolas Jaurigue, her of the neck, inflicting upon him a wound about
father, asking for forgiveness; and when 41/2 inches deep, which was necessarily mortal.
Avelina's mother made an attempt to beat
Amado, her husband prevented her from doing Nicolas Jaurigue, who was seated on one of the
so, stating that Amado probably did not realize front benches, saw Amado bleeding and
what he was doing. staggering towards the altar, and upon seeing
his daughter still holding the bloody knife, he
BARBADILLO, ANNA DOMINIQUE B. FCL-1B CRIM 1 JUSTICE AMPARO M. CABOTAJE-TANG

approached her and asked: "Why did you do

that," and answering him, Avelina said: "Father, 3. WON the trial court erred in holding that
I could not endure anymore." Amado died from the commission of the alleged offense was
the wound a few minutes later. attented by the aggravating circumstance of
having been committed in a sacred place
Barrio lieutenant Casimiro Lozada, who was also
in the same chapel, approached Avelina and RULING
asked her why she did that, and Avelina
surrendered herself, saying: "Kayo na po and The attempt to rape a woman constitutes an
bahala sa aquin”. Fearing that Amado's relatives unlawful aggression sufficient to put her in a
might retaliate, Lieutenant Lozada advised state of legitimate defense. As long as there is
Nicolas Jaurigue and Avelina to go home actual danger of being raped, a woman is
immediately, to close their doors and windows justified in killing her aggressor, in the defense
and not to admit anybody into the house, of her honor.
unless accompanied by him. At about 10 PM,
three policemen arrived in their house and Thus, if Avelina had killed Amado, when he
questioned them about the incident. Avelina climbed up her house late at night and sneakily
immediately surrendered the knife and entered her bedroom, undoubtedly for the
informed them of what had actually happened purpose of raping her, as indicated by his
in the chapel and of the previous acts and previous acts and conduct, instead of merely
conduct of the deceased, Amado. They then shouting for help, she could have been perfectly
went to the police headquarters, where her justified in killing him.
written statements were taken, and which were
presented as a part of the evidence for the According to the facts established by the
prosecution. evidence and found by the learned trial court in
this case, when the deceased sat by the side of
Nicolas Jaurigue and Avelina Jaurigue were defendant and appellant on the same bench,
prosecuted in the Court of First Instance of near the door of the barrio chapel and placed
Tayabas, for the crime of murder, of which his hand on the upper portion of her right thigh,
Nicolas Jaurigue was acquitted, but defendant without her consent, the said chapel was
Avelina Jaurigue was found guilty of homicide lighted with electric lights, and there were
of Amado Capiña. already several people, under this circumstance,
there was and there could be no possibility of
ISSUE her being raped. And when she stabbed Amado
at the base of the left side of his neck, inflicting
1. WON the lower court erred in not holding upon him a mortal wound 41/2 inches deep,
that said appellant had acted in the causing his death a few moments later, the
legitimate defense of her donor and that means employed by her in the defense of her
she should be completely absolved of all honor was evidently excessive; and she cannot
criminal responsibility; be legally declared completely exempt from
criminal liability.
2. WON the lower court erred in not finding in
her favor the additional mitigating But the fact that defendant and appellant
circumstances that (a) she did not have the immediately and voluntarily and unconditionally
intention to commit so grave a wrong as surrendered to the barrio lieutenant in said
that actually committed, and that (b)she chapel, admitting having stabbed the deceased,
voluntarily surrendered to the agents of the Amado, immediately after the incident, and
authorities; agreed to go to her house shortly thereafter
BARBADILLO, ANNA DOMINIQUE B. FCL-1B CRIM 1 JUSTICE AMPARO M. CABOTAJE-TANG

and to remain there subject to the order of the to an indeterminate penalty ranging from two
barrio lieutenant, and the further fact that she months and one day of arresto mayor, as
had acted in the immediate vindication of a minimum, to two years, four months, and one
grave offense committed against her a few day of prision correccional, as maximum, with
moments before, and upon such provocation as the accessory penalties prescribed by law, to
to produce passion and obfuscation, or indemnify the heirs of the deceased Amado
temporary loss of reason and self-control, Capiña, in the sum of P2,000.
should be considered as mitigating
circumstances in her favor. RATIO DECIDENCI

Avelina further claimed that she had not The basic requirement for self-defense, as a
intended to kill Amado but merely wanted to justifying circumstance, is that there was an
punish his offending hand with her knife, as unlawful aggression against the person
shown by the fact that she inflicted upon him defending himself. It must be positively shown
only one single wound. And this is another that there was a previous unlawful and
mitigating circumstance which should be unprovoked attack that placed the life of the
considered in her favor. accused in danger and forced him to inflict
more or less severe wounds upon his assailant,
The claim of the prosecution, sustained by the employing therefor reasonable means to resist
learned trial court, that the offense was said attack.
committed by Avelina, with the aggravating
circumstance that the killing was done in a place The attempt to rape a woman constitutes an
dedicated to religious worship, cannot be legally unlawful aggression sufficient to put her in a
sustained; as there is no evidence to show that state of legitimate defense. As long as there is
the Avelina had murder in her heart when she actual danger of being raped, a woman is
entered the chapel that night. Avelina is not a justified in killing her aggressor, in the defense
criminal by nature and she happened to kill of her honor.
under the greatest provocation.

In the mind of the court, there is not the least

doubt that, in stabbing to death the deceased
Amado, in the manner and form and under the
circumstances indicated, Avelina 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; and, in
accordance with the provisions of article 69 of
the Revised Penal Code, she is entitled to a
reduction by one or two degrees in the penalty
to be imposed upon her. And considering the
circumstances of the case, Avelina should be
accorded the most liberal consideration
possible under the law.

Consequently, with the modification of the

judgment appealed from, defendant and
appellant Avelina Jaurigue is hereby sentenced