Case Summary (Adm. Matter No. 384)
Petitioner and Respondent
Plaintiff-Appellee: The People of the Philippines
Defendant-Appellant: Avelina Jaurigue
Key Dates
Offense Committed: September 20, 1942
Appeal Brief Filed: June 10, 1944
Decision Rendered: February 21, 1946
Applicable Law
1935 Philippine Constitution (in force at decision date)
Revised Penal Code (Act No. 3815) – provisions on murder, homicide, legitimate defense, mitigating and aggravating circumstances
Indeterminate Sentence Law (Act No. 4103)
Procedural History
Avelina and Nicolas Jaurigue were charged with murder. The trial court acquitted Nicolas but convicted Avelina of homicide, sentencing her to an indeterminate term of prision mayor (minimum seven years, four months and one day) to reclusión temporal (maximum thirteen years, nine months and eleven days), with accessory penalties, P2,000 indemnity to the heirs, half the costs, and credit for half of her preventive imprisonment. Avelina appealed to the Court of Appeals, raising three assignments of error concerning legitimate defense of honor, mitigating circumstances, and the alleged aggravating circumstance of committing the crime in a sacred place.
Factual Background
From early September 1942, Amado Capina repeatedly courted Avelina without consent, even seizing her handkerchief and making unwanted physical advances. After slapping and repelling him on one occasion, Avelina armed herself with a fan knife for self-protection. On September 15, Amado clandestinely entered her bedroom at night and fondled her, but she merely called for help. On September 20, she learned that Amado was boasting that she had solicited him to elope and threaten self-harm.
Chapel Incident
At about 8:00 PM on September 20, 1942, during a well-attended, brightly lit religious service in a Seventh-Day Adventist chapel, Amado sat beside Avelina and placed his hand on her upper right thigh. Viewing this as a grave affront to her honor, Avelina drew her fan knife. After Amado seized her hand, she retrieved the knife with her other hand and delivered a single stab at the base of his neck, inflicting a mortal wound.
Surrender and Preliminary Inquiry
Immediately after the stabbing, Avelina surrendered to Barrio Lieutenant Casimiro Lozada, stating, “I place myself at your disposal.” Under his advice she and her father secured their home pending arrival of municipal authorities. When police arrived, Avelina voluntarily surrendered the knife, gave an account of the incident and her prior maltreatment by Amado, and accompanied officers to headquarters for written statements.
Legitimate Defense of Honor
The Court recognized that Philippine jurisprudence and criminological authority allow a woman to employ reasonable means, including deadly force, to protect her honor against unlawful aggression such as attempted rape or indecent assault. However, the Court found that in the chapel—well-lit and populated by her father, the barrio lieutenant, and other officials—there was no genuine risk of rape. Thus, although Amado’s touching was an assault on her honor, Avelina’s use of lethal force was excessive and could not fully exculpate her.
Aggravating and Mitigating Circumstances
The trial court’s imposition of an aggravating circumstance—commission in a sacred place—was rejected for lack of proof of murderous intent upon entering the chapel. Conversely, the Court identified three qualified mitigating circumstances:
- Voluntary and immediate surrender to an authority (United States v. Fortaleza).
- Action in the immediate vindication of a grave offense that aroused passion and temporary loss of self-control.
- Lack of intent to kill, evidenced by a single stab aimed at punishing the
Case Syllabus (Adm. Matter No. 384)
Procedural History
- Trial Court (Court of First Instance of Tayabas) charged both Nicolas and Avelina Jaurigue with murder.
- Nicolas was acquitted; Avelina was convicted of homicide and sentenced to an indeterminate term from seven years, four months and one day of prisión mayor to thirteen years, nine months and eleven days of reclusión temporal, accessory penalties, P2,000 indemnity, and one-half of costs.
- Avelina was given credit for one-half the preventive imprisonment she had served.
- Avelina appealed to the Court of Appeals for Southern Luzon, assigning errors:
- Failure to recognize legitimate defense of honor;
- Omission of additional mitigating circumstances (lack of intent, voluntary surrender);
- Improper finding of aggravation for committing the crime in a sacred place.
Facts of the Case
- Both parties resided in Barrio Sta. Isabel, San Pablo, Laguna.
- Prior incidents:
- About one month before the fatal stabbing, Amado Capina snatched Avelina’s handkerchief.
- On September 13, 1942, Amado forcibly embraced, kissed and touched Avelina; she resisted and later armed herself with a fan knife.
- On September 15, 1942, Amado sneaked into her bedroom, felt her forehead as if to assault; Avelina screamed, awakened her parents, but did not use her knife.
- On September 20, 1942:
- Avelina learned that Amado was boasting he had taken liberties with her and that she had threatened self-harm or elopement if he did not marry her.
- At 8 p.m., in the well-lit Seventh Day Adventist chapel, Amado sat beside Avelina and placed his hand on her thigh without consent.
- Avelina drew the fan knife, attempted to punish his hand; Amado seized her hand, she stabbed him once at the base of the left side of the neck, inflicting a mor