G.R. No. L-384 - People vs. Nicolas Jaurigue and Avelina Jaurigue

Nicolas Jaurigue and Avelina Jaurigue were charged with murder before the Court of First Instance of Tayabas.
Nicolas was acquitted; Avelina was found guilty of homicide and sentenced to an indeterminate penalty ranging from seven years, four months, and one day of prision mayor to thirteen years, nine months, and eleven days of reclusion temporal, including accessory penalties, indemnity of ₱2,000 to the heirs of the deceased Amado Capina, and one-half of the costs.
Avelina appealed to the Court of Appeals, claiming:

She acted in legitimate defense of her honor and should be absolved of criminal responsibility.
There were mitigating circumstances, including lack of intent to commit so grave a wrong and voluntary surrender.
The trial court erred in aggravating the offense for being committed in a sacred place.

Avelina Jaurigue and the deceased Amado Capina lived in Barrio Sta. Isabel, San Pablo, Laguna.
Amado had courted Avelina unsuccessfully and had previously committed acts of harassment:

About one month before the incident, Amado snatched a handkerchief with her nickname.
On September 13, 1942, Amado embraced, kissed, and touched Avelina against her will, resulting in her slapping and kicking him.

Avelina kept this secret until the next day when she told her mother; started carrying a long fan knife for protection.
On September 15, 1942, at midnight, Amado entered her room surreptitiously and touched her forehead attempting sexual abuse, prompting Avelina to scream for help awakening her parents.
Amado apologized afterward; Avelina’s father summoned the barrio lieutenant and Amado’s parents, who apologized for their son’s conduct.
On September 20, 1942, Avelina received information that Amado was falsely boasting about having intimate relations with her and made threatening statements.

On September 20, 1942, at about 8:00 p.m., Nicolas attended religious services at the Seventh Day Adventist chapel in their barrio.
Avelina arrived shortly after and sat near the door; Amado was seated elsewhere but approached Avelina and placed his hand on her right thigh without consent.
Avelina, conscious of her honor, drew her fan knife to punish Amado’s offending hand.
Amado seized her right hand, but Avelina stabbed him with her left hand at the base of the left side of the neck, inflicting a 4 1/2 inch-deep mortal wound.
Amado staggered toward the altar and died shortly after.
Witnesses, including Nicolas and barrio lieutenant Casimiro Lozada, were present inside the lit chapel.
Upon inquiry by her father and the barrio lieutenant, Avelina admitted to stabbing Amado, saying she “could not endure anymore” and voluntarily surrendered, placing herself at their disposal.
They advised her to go home and secure the premises due to fear of retaliation.
Policemen later arrived; Avelina voluntarily surrendered the knife and gave written statements.

The Court highlighted the generally high regard for womanhood in Philippine society, emphasizing the protection of a woman’s honor akin to protecting life itself.
Jurisprudence and criminologists recognize the right of women to defend their honor by all reasonable means under circumstances of attack or attempt of sexual abuse.
Cited cases where women attacking or killing aggressors to defend their honor were found exempt from criminal liability or justified under legitimate defense.
Contrasted previous cases involving attacks in isolated or dangerous settings to the instant case, noting that the chapel was well-lit and populated, making rape impossible.

Whether Avelina Jaurigue acted in legitimate defense of her honor justifying complete exemption from criminal liability.
Whether mitigating circumstances such as absence of intent to commit so grave a wrong and voluntary surrender apply favorably to Avelina.
Whether the killing was attended by the aggravating circumstance of commission in a sacred place.
The proper penalty to be imposed considering the circumstances and applicable laws, including the Indeterminate Sentence Law.