C.A. No.

384             February 21, 1946 Jaurigue and apologized for the misconduct of their son; and as Nicolas
Jaurigue was then angry, he told them to end the conversation, as he
might not be able to control himself.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
NICOLAS JAURIGUE and AVELINA JAURIGUE, defendants. In the morning of September 20, 1942, Avelina received information that
AVELINA JAURIGUE, appellant. Amado had been falsely boasting in the neighborhood of having taken
liberties with her person and that she had even asked him to elope with
her and that if he should not marry her, she would take poison; and that
Jose Ma. Recto for appellant.
Avelina again received information of Amado's bragging at about 5 o'clock
Assistant Solicitor General Enriquez and Solicitor Palma for appellee..
in the afternoon of that same day.

DE JOYA, J.:
At about 8 o'clock in the evening of the same day, September 20, 1942,
Nicolas Jaurigue went to the chapel of the Seventh Day Adventists of
Nicolas Jaurigue and Avelina Jaurigue were prosecuted in the Court of First which he was the treasurer, in their barrio, just across the provincial road
Instance of Tayabas, for the crime of murder, of which Nicolas Jaurigue from his house, to attend religious services, and sat on the front bench
was acquitted, but defendant Avelina Jaurigue was found guilty of facing the altar with the other officials of the organization and the barrio
homicide and sentenced to an indeterminate penalty ranging from seven lieutenant, Casimiro Lozada. Inside the chapel it was quite bright as there
years, four months and one day of prision mayor to thirteen years, nine were electric lights.
months and eleven days of reclusion temporal, with the accessory
penalties provided by law, to indemnify the heirs of the deceased,
Defendant and appellant Avelina Jaurigue entered the chapel shortly after
Amando Capina, in the sum of P2,000, and to pay one-half of the costs.
the arrival of her father, also for the purpose of attending religious
She was also credited with one-half of the period of preventive
services, and sat on the bench next to the last one nearest the door.
imprisonment suffered by her.
Amado Capina was seated on the other side of the chapel. Upon observing
the presence of Avelina Jaurigue, Amado Capina went to the bench on
From said judgment of conviction, defendant Avelina Jaurigue appealed to which Avelina was sitting and sat by her right side, and, without saying a
the Court of Appeals for Southern Luzon, and in her brief filed therein on word, Amado, with the greatest of impudence, placed his hand on the
June 10, 1944, claimed — upper part of her right thigh. On observing this highly improper and
offensive conduct of Amado Capina, Avelina Jaurigue, conscious of her
(1) That the lower court erred in not holding that said appellant personal dignity and honor, pulled out with her right hand the fan knife
had acted in the legitimate defense of her honor and that she marked Exhibit B, which she had in a pocket of her dress, with the
should be completely absolved of all criminal responsibility; 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
(2) That the lower court erred in not finding in her favor the upon him a wound about 4 1/2 inches deep, which was necessarily mortal.
additional mitigating circumstances that (a) she did not have Nicolas Jaurigue, who was seated on one of the front benches, saw Amado
the intention to commit so grave a wrong as that actually bleeding and staggering towards the altar, and upon seeing his daughter
committed, and that (b) she voluntarily surrendered to the still holding the bloody knife, he approached her and asked: "Why did you
agents of the authorities; and do that," and answering him Avelina said: "Father, I could not endure
anymore." Amado Capina died from the wound a few minutes later. Barrio
(3) That the trial court erred in holding that the commission of lieutenant Casimiro Lozada, who was also in the same chapel, approached
the alleged offense was attended by the aggravating Avelina and asked her why she did that, and Avelina surrendered herself,
circumstance of having been committed in a sacred place. saying: "Kayo na po ang bahala sa aquin," meaning: "I hope you will take
care of me," or more correctly, "I place myself at your disposal." Fearing
that Amado's relatives might retaliate, barrio lieutenant Lozada advised
The evidence adduced by the parties, at the trial in the court below, has Nicolas Jaurigue and herein defendant and appellant to go home
sufficiently established the following facts: immediately, to close their doors and windows and not to admit anybody
into the house, unless accompanied by him. That father and daughter
That both the defendant and appellant Avelina Jaurigue and the deceased went home and locked themselves up, following instructions of the barrio
Amado Capina lived in the barrio of Sta. Isabel, City of San Pablo, Province lieutenant, and waited for the arrival of the municipal authorities; and
of Laguna; that for sometime prior to the stabbing of the deceased by when three policemen arrived in their house, at about 10 o'clock that
defendant and appellant, in the evening of September 20, 1942, the night, and questioned them about the incident, defendant and appellant
former had been courting the latter in vain, and that on one occasion, immediately surrendered the knife marked as Exhibit B, and informed said
about one month before that fatal night, Amado Capina snatched a policemen briefly of what had actually happened in the chapel and of the
handkerchief belonging to her, bearing her nickname "Aveling," while it previous acts and conduct of the deceased, as already stated above, and
was being washed by her cousin, Josefa Tapay. went with said policemen to the police headquarters, where her written
statements were taken, and which were presented as a part of the
evidence for the prosecution.
On September 13, 1942, while Avelina was feeding a dog under her house,
Amado approached her and spoke to her of his love, which she flatly
refused, and he thereupon suddenly embraced and kissed her and The high conception of womanhood that our people possess, however
touched her breasts, on account of which Avelina, resolute and quick- humble they may be, is universal. It has been entertained and has existed
tempered girl, slapped Amado, gave him fist blows and kicked him. She in all civilized communities.
kept the matter to herself, until the following morning when she informed
her mother about it. Since then, she armed herself with a long fan knife, A beautiful woman is said to be a jewel; a good woman, a treasure; and
whenever she went out, evidently for self-protection. that a virtuous woman represents the only true nobility. And they are the
future wives and mothers of the land. Such are the reasons why, in the
On September 15, 1942, about midnight, Amado climbed up the house of defense of their honor, when brutally attacked, women are permitted to
defendant and appellant, and surreptitiously entered the room where she make use of all reasonable means available within their reach, under the
was sleeping. He felt her forehead, evidently with the intention of abusing circumstances. Criminologists and courts of justice have entertained and
her. She immediately screamed for help, which awakened her parents and upheld this view.
brought them to her side. Amado came out from where he had hidden
under a bed in Avelina's room and kissed the hand of Nicolas Jaurigue, her On the other hand, it is the duty of every man to protect and show loyalty
father, asking for forgiveness; and when Avelina's mother made an to womanhood, as in the days of chivalry. There is a country where
attempt to beat Amado, her husband prevented her from doing so, stating women freely go out unescorted and, like the beautiful roses in their
that Amado probably did not realize what he was doing. Nicolas Jaurigue public gardens, they always receive the protection of all. That country is
sent for the barrio lieutenant, Casimiro Lozada, and for Amado's parents, Switzerland.
the following morning. Amado's parents came to the house of Nicolas
In the language of Viada, aside from the right to life on which rests the authorities (United States vs. Fortaleza, 12 Phil., 472); and the further fact
legitimate defense of our own person, we have the right to property that she had acted in the immediate vindication of a grave offense
acquired by us, and the right to honor which is not the least prized of our committed against her a few moments before, and upon such provocation
patrimony (1 Viada, Codigo Penal, 5th ed., pp. 172, 173). as to produce passion and obfuscation, or temporary loss of reason and
self-control, should be considered as mitigating circumstances in her favor
(People vs. Parana, 64 Phil., 331; People vs. Sakam, 61 Phil., 27; United
The attempt to rape a woman constitutes an unlawful aggression sufficient
States vs. Arribas, 1 Phil., 86).
to put her in a state of legitimate defense, inasmuch as a woman's honor
cannot but be esteemed as a right as precious, if not more, than her very
existence; and it is evident that a woman who, thus imperiled, wounds, Defendant and appellant further claims that she had not intended to kill
nay kills the offender, should be afforded exemption from criminal liability, the deceased but merely wanted to punish his offending hand with her
since such killing cannot be considered a crime from the moment it knife, as shown by the fact that she inflicted upon him only one single
became the only means left for her to protect her honor from so great an wound. And this is another mitigating circumstance which should be
outrage (1 Viada, Codigo Penal, 5th ed., p. 301; People vs. Luague and considered in her favor (United States vs. Brobst, 14 Phil., 310; United
Alcansare, 62 Phil., 504). . States vs. Diaz, 15 Phil., 123).

As long as there is actual danger of being raped, a woman is justified in The claim of the prosecution, sustained by the learned trial court, that the
killing her aggressor, in the defense of her honor. Thus, where the offense was committed by the defendant and appellant, with the
deceased grabbed the defendant in a dark night at about 9 o'clock, in an aggravating circumstance that the killing was done in a place dedicated to
isolated barrio trail, holding her firmly from behind, without warning and religious worship, cannot be legally sustained; as there is no evidence to
without revealing his identity, and, in the struggle that followed, touched show that the defendant and appellant had murder in her heart when she
her private parts, and that she was unable to free herself by means of her entered the chapel that fatal night. Avelina is not a criminal by nature. She
strength alone, she was considered justified in making use of a pocket happened to kill under the greatest provocation. She is a God-fearing
knife in repelling what she believed to be an attack upon her honor, and young woman, typical of our country girls, who still possess the
which ended in his death, since she had no other means of defending consolation of religious hope in a world where so many others have
herself, and consequently exempt from all criminal liability (People vs. De hopelessly lost the faith of their elders and now drifting away they know
la Cruz, 16 Phil., 344). not where.

And a woman, in defense of her honor, was perfectly justified in inflicting The questions raised in the second and third assignments of error appear,
wounds on her assailant with a bolo which she happened to be carrying at therefore, to be well taken; and so is the first assignment of error to a
the time, even though her cry for assistance might have been heard by certain degree.
people nearby, when the deceased tried to assault her in a dark and
isolated place, while she was going from her house to a certain tienda, for
In the mind of the court, there is not the least doubt that, in stabbing to
the purpose of making purchases (United States vs. Santa Ana and Ramos,
death the deceased Amado Capina, in the manner and form and under the
22 Phil., 249).
circumstances above indicated, the defendant and appellant committed
the crime of homicide, with no aggravating circumstance whatsoever, but
In the case, however, in which a sleeping woman was awakened at night with at least three mitigating circumstances of a qualified character to be
by someone touching her arm, and, believing that some person was considered in her favor; and, in accordance with the provisions of article
attempting to abuse her, she asked who the intruder was and receiving no 69 of the Revised Penal Code, she is entitled to a reduction by one or two
reply, attacked and killed the said person with a pocket knife, it was held degrees in the penalty to be imposed upon her. And considering the
that, notwithstanding the woman's belief in the supposed attempt, it was circumstances of the instant case, the defendant and appellant should be
not sufficient provocation or aggression to justify her completely in using accorded the most liberal consideration possible under the law (United
deadly weapon. Although she actually believed it to be the beginning of an States vs. Apego, 23 Phil., 391; United States vs. Rivera, 41 Phil., 472;
attempt against her, she was not completely warranted in making such a People vs. Mercado, 43 Phil., 950)..
deadly assault, as the injured person, who turned out to be her own
brother-in-law returning home with his wife, did not do any other act
The law prescribes the penalty of reclusion temporal for the crime of
which could be considered as an attempt against her honor (United States
homicide; and if it should be reduced by two degrees, the penalty to be
vs. Apego, 23 Phil., 391)..
imposed in the instant case is that of prision correccional; and pursuant to
the provisions of section 1 of Act No. 4103 of the Philippine Legislature,
In the instant case, if defendant and appellant had killed Amado Capina, known as the Indeterminate Sentence Law, herein defendant and
when the latter climbed up her house late at night on September 15, 1942, appellant should be sentenced to an indeterminate penalty ranging
and surreptitiously entered her bedroom, undoubtedly for the purpose of from arresto mayor in its medium degree, to prision correccional in its
raping her, as indicated by his previous acts and conduct, instead of medium degree. Consequently, with the modification of judgment
merely shouting for help, she could have been perfectly justified in killing appealed from, defendant and appellant Avelina Jaurigue is hereby
him, as shown by the authorities cited above.. 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
According to the facts established by the evidence and found by the
prescribed by law, to indemnify the heirs of the deceased Amado Capina,
learned trial court in this case, when the deceased sat by the side of
in the sum of P2,000, and to suffer the corresponding subsidiary
defendant and appellant on the same bench, near the door of the barrio
imprisonment, not to exceed 1/3 of the principal penalty, in case of
chapel and placed his hand on the upper portion of her right thigh,
insolvency, and to pay the costs. Defendant and appellant should also be
without her consent, the said chapel was lighted with electric lights, and
given the benefit of 1/2 of her preventive imprisonment, and the knife
there were already several people, about ten of them, inside the chapel,
marked Exhibit B ordered confiscated. So ordered..
including her own father and the barrio lieutenant and other dignitaries of
the organization; and under the circumstances, there was and there could
be no possibility of her being raped. And when she gave Amado Capina a Ozaeta, Perfecto, and Bengzon, JJ., concur.
thrust at the base of the left side of his neck, inflicting upon him a mortal
wound 4 1/2 inches deep, causing his death a few moments later, 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..

But the fact that defendant and appellant immediately and voluntarily and
unconditionally surrendered to the barrio lieutenant in said chapel,
admitting having stabbed the deceased, immediately after the incident,
and agreed to go to her house shortly thereafter and to remain there
subject to the order of the said barrio lieutenant, an agent of the