Case Summary (G.R. No. L-384)
Procedural History
Avelina Jaurigue was found guilty of homicide by the Court of First Instance of Tayabas 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, with accessory penalties including indemnity and half the costs. She appealed to the Court of Appeals for Southern Luzon, asserting errors related to the recognition of legitimate defense, mitigation of penalty, and the aggravating circumstance of the killing occurring in a sacred place.
Facts Established by Evidence
The evidence showed that Amado Capina had been courting Avelina without consent and committed multiple acts of harassment and physical assault, including a forcible embrace, unwanted touching, and a nocturnal intrusion into her bedroom with an apparent intent to rape. On the night of September 20, 1942, inside a brightly lit Seventh Day Adventist chapel, Amado brazenly touched Avelina’s thigh without consent. She stabbed him once with a fan knife she carried for protection, inflicting a mortal wound. Avelina immediately surrendered herself to the barrio lieutenant and cooperated fully with authorities.
Legal Principles on Defense of Honor and Use of Force by Women
The Court recognized the high value society places on a woman’s honor, equating it with a precious right deserving protection by all reasonable means, including deadly force when necessary. Precedents cited affirmed that an imminent threat of rape constitutes unlawful aggression justifying legitimate defense. Hence, a woman is entitled to kill to protect her honor if faced with actual danger of rape or gross sexual assault.
Application to the Case and Limitations of Justification
The Court held that if Avelina had killed Amado during the nocturnal intrusion into her bedroom on September 15, 1942, the killing would have been fully justified in self-defense. However, the stabbing inside the chapel on September 20, 1942, where multiple witnesses were present and the setting was lit and public, did not present a clear and impending danger of rape or serious assault. Therefore, her use of deadly force at that time was considered excessive and not fully excusable on the ground of legitimate defense of honor.
Mitigating Circumstances
The Court acknowledged several mitigating factors favoring Avelina:
- Immediate and unconditional surrender to authorities.
- Acting under grave provocation leading to passion and temporary loss of self-control.
- Lack of intent to kill, as evidenced by inflicting only a single wound aimed at punishing the offender’s hand.
Aggravating Circumstances Rejected
The prosecution’s claim that the offense was aggravated because it occurred in a place of worship was rejected due to absence of evidence proving premeditation or malicious intent while entering the chapel.
Conclusion on Criminal Liability and Penalty
The Court concluded that Avelina was guilty of homicide without aggravating circumstances, but with qualified mitigating circumstances entitling her to reduced penalty pursuant to Article 69 o
...continue readingCase Syllabus (G.R. No. L-384)
Parties and Procedural History
- The case involves prosecution of Nicolas Jaurigue and Avelina Jaurigue before the Court of First Instance of Tayabas for the crime of murder.
- Nicolas Jaurigue was acquitted, whereas Avelina Jaurigue was found guilty of homicide.
- Avelina was 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, P2,000 indemnity to the heirs of the deceased, and payment of one-half of the costs.
- She was credited with one-half of her preventive imprisonment term.
- Avelina appealed to the Court of Appeals for Southern Luzon, raising errors of fact and law, including legitimate defense, mitigating circumstances, and improper aggravating circumstance.
Factual Background and Circumstances of the Incident
- Both parties, Avelina Jaurigue and the deceased Amado Capina, resided in barrio Sta. Isabel, San Pablo, Laguna.
- Amado had repeatedly courted Avelina unsuccessfully and had shown disrespectful conduct, including snatching a handkerchief bearing her nickname, unwanted physical advances, and trespassing into her bedroom at night.
- On September 13, 1942, Amado attempted physical abuse of Avelina, who resisted and kept the incident secret until informing her mother the following day.
- Since then, Avelina carried a long fan knife for self-defense.
- On September 15, 1942, Amado entered Avelina’s room at night intending to abuse her physically; she screamed for help leading to intervention by her family and community leaders.
- Following parental apologies and warnings, tensions remained high due to Amado's persistent misbehavior and false boasting concerning Avelina’s honor around September 20, 1942.
- On the evening of September 20, 1942, during a religious service in a lighted chapel, Amado approached and seated beside Avelina, inappropriately placing his hand on her right thigh.
- Avelina, defending her honor, drew her fan knife and stabbed Amado once in the neck, inflicting a fatal wound.
- Witnesses, including her father and barrio lieutenant, saw the incident, and Avelina immediately surrendered herself without resistance.
- Police investigation followed Avelina’s voluntary confession and surrender of the knife.
Legal Issues Presented on Appeal
- Whether Avelina acted under legitimate defense of her honor, warranting complete exoneration.
- Whether mitigating circumstances, including lack of intent to kill