Petitioner (Plaintiff and Appellee)

- People of the Philippines

Defendants
- Nicolas Jaurigue (father of Avelina)
- Avelina Jaurigue (appellant the daughter who stabbed the deceased)

February 21, 1946
De Joya, J.:

Appeal from a judgment of the CFI of Laguna: Murder
- Nicolas was acquitted
- Avelina was found guilty of homicide
o Indeterminate sentence
7Y 4M 1D (prision mayor) to 13Y 9M 11D (Reclusion temporal)
Accessory penalties
o Indemnify in the sum of P2,000
o Pay of the costs

Avelinas appeal to the Court of Appeals for Southern Luzon

Facts
- Avelina and the deceased, Amado Capina, lived in San Pablo Laguna
- Amado was courting her in vain
- Amado snatched her handkerchief (which bears her nickname Aveling) while it was being
washed by her cousin
- Avelina was feeding a dog under her house and Amado approached her and spoke to her of his
love
o She refused
o He embraced her, kissed her and touched her boobs
o She slapped, kicked and punched him
- Since then she armed herself with a long fan knife whenever she went out for self-protection
- September 15, 1942 (midnight)
o Amado climbed up the house and entered her room
o He felt her forehead with the intention of abusing her
o She screamed for help wand her parents went to her room
o Amado came out from hiding under a bed and kissed the hand of Nicolas (father) and
asked for forgiveness
o The mother tried to beat him but Nicolas prevented her, stating that maybe Amado did
not realize what he was doing
o Nicolas sent for the barrio lieutenant and Amados parents apologized
- September 20, 1942
o Avelina heard news that Amado was boasting about:
Taking liberties with her person
She asked to elope with him
If he should not marry her, she would take poison
o Nicolas went to the chapel to attend religious services
He sat at the front bench facing the altar
o Avelina entered shortly after
She sat on the bench next to the last one nearest the door
o Amida was seated on the other side of the chapel and noticed Avelina
He sat on her right side without saying a word
Placed his hands on the upper part of her right thigh
o Avelina drew the fan knife to punish Amados hand
o Amado seized Avelinas right hand but she was able to take hold of the knife with her
left hand and stabbed Amado at the base of the left side of the neck.
4.5 inches deep = mortal wound
o Nicolas approached her
N: Why did you do that?
A: Father I could not endure anymore
o Amado died from the wound a few minutes later.
o The barrio lieutenant approached and Avelina surrendered herself
Kayo nap o ang bahala sa aquin (I hope you will take are of me OR I place myself
at your disposal)
o Barrio Lieutenant advised them to go inside and lock doors and windows since Amados
relatives might retaliate.
- 3 policemen arrived in their house.
Issue: Is her self-defense of honor justified?
Held: No.

Self-defense of honor
- The high conception of womanhood is universal
o A beautiful woman is said to be a jewel, and a virtuous woman represents the only true
nobility.
o Thats why women are permitted to make use of reasonable means to defend their
honor
- Duty of every man to protect and show loyalty to womanhood, as in the days of chivalry.
- In Switzerland, women are free to go out unescorted and like beautiful roses they receive the
protection of all

Elements of Self-defense
1. Unlawful aggression = Attempt to rape a woman
Rationale
a. Womans honor is a precious right, if not more than her very existence.
b. As long as there is actual danger of being raped, the woman is justified in her acts.
c. What is not justified United States vs Apego
i. Sleeping woman awakened by someone toucher her arm and believed that said
person was attempting to abuse her, even after asking the identity and receiving
no reply
ii. Not justified despite womans belief of supposed attempt as it was not sufficient
provocation to justify.
iii. It was actually her own brother-in-law
- In this case NOT PRESENT
o If she killed him when he went to her house, that would be justified
o But in a place well-lighted and with people inside, there is no possibility of being raped

2. Reasonable necessity of the means employed: NO
a. Inflicting a mortal wound 4.5 inches is excessive
Cannot be declared completely exempt from criminal liability

Mitigating Circumstances
1. Voluntarily and unconditionally surrendered
2. Acted in immediate vindication of a grave offense committed a few moments before
3. No intention to commit such grave offense
a. Only wanted to punish his hand

Aggravating Circumstance NOT SUSTAINED
1. Done in a place dedicated to religious worship
a. She did not have murder in her heart when she entered the chapel


Homicide
- No aggravating circumstance
- 3 Mitigating circumstances of a qualified character
- Reduction by 1 or 2 degrees in the penalty
o Reclusion Temporal -> Prison correcional
o Indeterminate Sentence Law applied

Final Sentence: HOMICIDE
- 2M 1D (Arresto maryor) to 2 Y 4M 1D (Prision correcional)
- Indemnify heirs in the sum of P2,000
- In case of solvency, subsidiary imprisonment not to exceed 1/3 of principal penalty
- Pay costs