Title
People vs. Jaurigue
Case
Adm. Matter No. 384
Decision Date
Feb 21, 1946
Avelina Jaurigue, provoked by repeated harassment, stabbed Amado Capina in a chapel after he touched her without consent. Convicted of homicide, mitigating factors reduced her penalty.

Case Digest (Adm. Matter No. 384)
Expanded Legal Reasoning Model

Facts:

  • Procedural history
    • Nicolas and Avelina Jaurigue were charged with murder in the CFI of Tayabas; Nicolas was acquitted, Avelina convicted of homicide.
    • The trial court imposed an indeterminate penalty of 7 years, 4 months, 1 day prision mayor to 13 years, 9 months, 11 days reclusión temporal; ordered P2,000 indemnity to heirs; half of costs; half credit for preventive imprisonment.
  • Prior events leading to the fatal encounter
    • Amado Capina’s unwanted courtship: snatching of Avelina’s handkerchief; unwanted embrace, kiss, and touching of her person; Avelina slapped, punched, and kicked him; thereafter she carried a fan knife.
    • Midnight intrusion (Sept. 15, 1942): Capina climbed into her bedroom and groped her; she screamed, parents and barrio lieutenant were summoned, Capina’s parents apologized.
  • The chapel incident (Sept. 20, 1942)
    • Avelina and her father attended evening service at the Seventh-Day Adventist chapel; the chapel was well-lit and crowded.
    • Capina sat beside Avelina, placed his hand on her thigh; she drew her fan knife and stabbed him once at the base of the left side of his neck, inflicting a mortal wound; he died minutes later.
  • Surrender and post-event steps
    • Immediately after the stabbing, Avelina surrendered to barrio lieutenant Lozada, placed herself at his disposal, and returned home under his advice.
    • At home she handed over the knife to arriving police, gave a written statement detailing the chapel events and prior misconduct by Capina, and accompanied officers to headquarters.

Issues:

  • Whether Avelina’s act constituted legitimate defense of her honor, absolving her criminal liability.
  • Whether mitigating circumstances exist in her favor (lack of intent to kill, voluntary surrender, provocation).
  • Whether the location—a place of worship—constituted an aggravating circumstance.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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