Today is Tuesday, June 24, 2014

Republic of the Philippines

SUPREME COURT
Manila
EN BANC
C.A. No. 384 February 21, 1946
THE PEOPLE OF THE PHLPPNES, plaintiff-appellee,
vs.
NCOLAS !AUR"UE a#$ A%ELNA !AUR"UE, defendants.
A%ELNA !AUR"UE, appellant.
Jose Ma. Recto for appellant.
Assistant Solicitor General Enriquez and Solicitor Palma for appellee..
&E !O'A, J.(
Nicolas Jaurigue and Avelina Jaurigue ere prosecuted in the Court of !irst "nstance of #a$abas,
for the cri%e of %urder, of hich Nicolas Jaurigue as ac&uitted, but defendant Avelina Jaurigue
as found guilt$ of ho%icide and sentenced to an indeter%inate penalt$ ranging fro% seven $ears,
four %onths and one da$ of prision mayor to thirteen $ears, nine %onths and eleven da$s of
reclusion temporal, ith the accessor$ penalties provided b$ la, to inde%nif$ the heirs of the
deceased, A%ando Capina, in the su% of P',(((, and to pa$ one-half of the costs. )he as also
credited ith one-half of the period of preventive i%prison%ent suffered b$ her.
!ro% said *udg%ent of conviction, defendant Avelina Jaurigue appealed to the Court of Appeals for
)outhern +u,on, and in her brief filed therein on June -(, -.//, clai%ed 0
1-2 #hat the loer court erred in not holding that said appellant had acted in the
legiti%ate defense of her honor and that she should be co%pletel$ absolved of all
cri%inal responsibilit$3
1'2 #hat the loer court erred in not finding in her favor the additional %itigating
circu%stances that 1a2 she did not have the intention to co%%it so grave a rong as
that actuall$ co%%itted, and that 1b2 she voluntaril$ surrendered to the agents of the
authorities3 and
142 #hat the trial court erred in holding that the co%%ission of the alleged offense
as attended b$ the aggravating circu%stance of having been co%%itted in a sacred
place.
#he evidence adduced b$ the parties, at the trial in the court belo, has sufficientl$ established the
folloing facts5
#hat both the defendant and appellant Avelina Jaurigue and the deceased A%ado Capina lived in
the barrio of )ta. "sabel, Cit$ of )an Pablo, Province of +aguna3 that for so%eti%e prior to the
stabbing of the deceased b$ defendant and appellant, in the evening of )epte%ber '(, -./', the
for%er had been courting the latter in vain, and that on one occasion, about one %onth before that
fatal night, A%ado Capina snatched a hand6erchief belonging to her, bearing her nic6na%e
7Aveling,7 hile it as being ashed b$ her cousin, Josefa #apa$.
8n )epte%ber -4, -./', hile Avelina as feeding a dog under her house, A%ado approached her
and spo6e to her of his love, hich she flatl$ refused, and he thereupon suddenl$ e%braced and
6issed her and touched her breasts, on account of hich Avelina, resolute and &uic6-te%pered girl,
slapped A%ado, gave hi% fist blos and 6ic6ed hi%. )he 6ept the %atter to herself, until the
folloing %orning hen she infor%ed her %other about it. )ince then, she ar%ed herself ith a
long fan 6nife, henever she ent out, evidentl$ for self-protection.
8n )epte%ber -9, -./', about %idnight, A%ado cli%bed up the house of defendant and appellant,
and surreptitiousl$ entered the roo% here she as sleeping. :e felt her forehead, evidentl$ ith
the intention of abusing her. )he i%%ediatel$ screa%ed for help, hich aa6ened her parents and
brought the% to her side. A%ado ca%e out fro% here he had hidden under a bed in Avelina;s
roo% and 6issed the hand of Nicolas Jaurigue, her father, as6ing for forgiveness3 and hen
Avelina;s %other %ade an atte%pt to beat A%ado, her husband prevented her fro% doing so, stating
that A%ado probabl$ did not reali,e hat he as doing. Nicolas Jaurigue sent for the barrio
lieutenant, Casi%iro +o,ada, and for A%ado;s parents, the folloing %orning. A%ado;s parents
ca%e to the house of Nicolas Jaurigue and apologi,ed for the %isconduct of their son3 and as
Nicolas Jaurigue as then angr$, he told the% to end the conversation, as he %ight not be able to
control hi%self.
"n the %orning of )epte%ber '(, -./', Avelina received infor%ation that A%ado had been falsel$
boasting in the neighborhood of having ta6en liberties ith her person and that she had even as6ed
hi% to elope ith her and that if he should not %arr$ her, she ould ta6e poison3 and that Avelina
again received infor%ation of A%ado;s bragging at about 9 o;cloc6 in the afternoon of that sa%e
da$.
At about < o;cloc6 in the evening of the sa%e da$, )epte%ber '(, -./', Nicolas Jaurigue ent to
the chapel of the )eventh =a$ Adventists of hich he as the treasurer, in their barrio, *ust across
the provincial road fro% his house, to attend religious services, and sat on the front bench facing
the altar ith the other officials of the organi,ation and the barrio lieutenant, Casi%iro +o,ada.
"nside the chapel it as &uite bright as there ere electric lights.
=efendant and appellant Avelina Jaurigue entered the chapel shortl$ after the arrival of her father,
also for the purpose of attending religious services, and sat on the bench ne>t to the last one nearest
the door. A%ado Capina as seated on the other side of the chapel. ?pon observing the presence of
Avelina Jaurigue, A%ado Capina ent to the bench on hich Avelina as sitting and sat b$ her
right side, and, ithout sa$ing a ord, A%ado, ith the greatest of i%pudence, placed his hand on
the upper part of her right thigh. 8n observing this highl$ i%proper and offensive conduct of
A%ado Capina, Avelina Jaurigue, conscious of her personal dignit$ and honor, pulled out ith her
right hand the fan 6nife %ar6ed E>hibit B, hich she had in a poc6et of her dress, ith the
intention of punishing A%ado;s offending hand. A%ado sei,ed Avelina;s right hand, but she
&uic6l$ grabbed the 6nife ith her left hand and stabbed A%ado once at the base of the left side of
the nec6, inflicting upon hi% a ound about / -@' inches deep, hich as necessaril$ %ortal.
Nicolas Jaurigue, ho as seated on one of the front benches, sa A%ado bleeding and staggering
toards the altar, and upon seeing his daughter still holding the blood$ 6nife, he approached her
and as6ed5 7Ah$ did $ou do that,7 and ansering hi% Avelina said5 7!ather, " could not endure
an$%ore.7 A%ado Capina died fro% the ound a fe %inutes later. Barrio lieutenant Casi%iro
+o,ada, ho as also in the sa%e chapel, approached Avelina and as6ed her h$ she did that, and
Avelina surrendered herself, sa$ing5 7Ba$o na po ang bahala sa a&uin,7 %eaning5 7" hope $ou ill
ta6e care of %e,7 or %ore correctl$, 7" place %$self at $our disposal.7 !earing that A%ado;s
relatives %ight retaliate, barrio lieutenant +o,ada advised Nicolas Jaurigue and herein defendant
and appellant to go ho%e i%%ediatel$, to close their doors and indos and not to ad%it an$bod$
into the house, unless acco%panied b$ hi%. #hat father and daughter ent ho%e and loc6ed
the%selves up, folloing instructions of the barrio lieutenant, and aited for the arrival of the
%unicipal authorities3 and hen three police%en arrived in their house, at about -( o;cloc6 that
night, and &uestioned the% about the incident, defendant and appellant i%%ediatel$ surrendered the
6nife %ar6ed as E>hibit B, and infor%ed said police%en briefl$ of hat had actuall$ happened in
the chapel and of the previous acts and conduct of the deceased, as alread$ stated above, and ent
ith said police%en to the police head&uarters, here her ritten state%ents ere ta6en, and hich
ere presented as a part of the evidence for the prosecution.
#he high conception of o%anhood that our people possess, hoever hu%ble the$ %a$ be, is
universal. "t has been entertained and has e>isted in all civili,ed co%%unities.
A beautiful o%an is said to be a *eel3 a good o%an, a treasure3 and that a virtuous o%an
represents the onl$ true nobilit$. And the$ are the future ives and %others of the land. )uch are
the reasons h$, in the defense of their honor, hen brutall$ attac6ed, o%en are per%itted to
%a6e use of all reasonable %eans available ithin their reach, under the circu%stances.
Cri%inologists and courts of *ustice have entertained and upheld this vie.
8n the other hand, it is the dut$ of ever$ %an to protect and sho lo$alt$ to o%anhood, as in the
da$s of chivalr$. #here is a countr$ here o%en freel$ go out unescorted and, li6e the beautiful
roses in their public gardens, the$ ala$s receive the protection of all. #hat countr$ is )it,erland.
"n the language of Ciada, aside fro% the right to life on hich rests the legiti%ate defense of our
on person, e have the right to propert$ ac&uired b$ us, and the right to honor hich is not the
least pri,ed of our patri%on$ 1- Ciada, Codigo Penal, 9th ed., pp. -D', -D42.
#he atte%pt to rape a o%an constitutes an unlaful aggression sufficient to put her in a state of
legiti%ate defense, inas%uch as a o%an;s honor cannot but be estee%ed as a right as precious, if
not %ore, than her ver$ e>istence3 and it is evident that a o%an ho, thus i%periled, ounds, na$
6ills the offender, should be afforded e>e%ption fro% cri%inal liabilit$, since such 6illing cannot
be considered a cri%e fro% the %o%ent it beca%e the onl$ %eans left for her to protect her honor
fro% so great an outrage 1- Ciada, Codigo Penal, 9th ed., p. 4(-3 People vs. +uague and Alcansare,
E' Phil., 9(/2. .
As long as there is actual danger of being raped, a o%an is *ustified in 6illing her aggressor, in the
defense of her honor. #hus, here the deceased grabbed the defendant in a dar6 night at about .
o;cloc6, in an isolated barrio trail, holding her fir%l$ fro% behind, ithout arning and ithout
revealing his identit$, and, in the struggle that folloed, touched her private parts, and that she as
unable to free herself b$ %eans of her strength alone, she as considered *ustified in %a6ing use of
a poc6et 6nife in repelling hat she believed to be an attac6 upon her honor, and hich ended in
his death, since she had no other %eans of defending herself, and conse&uentl$ e>e%pt fro% all
cri%inal liabilit$ 1People vs. =e la Cru,, -E Phil., 4//2.
And a o%an, in defense of her honor, as perfectl$ *ustified in inflicting ounds on her assailant
ith a bolo hich she happened to be carr$ing at the ti%e, even though her cr$ for assistance %ight
have been heard b$ people nearb$, hen the deceased tried to assault her in a dar6 and isolated
place, hile she as going fro% her house to a certain tienda, for the purpose of %a6ing purchases
1?nited )tates vs. )anta Ana and Ra%os, '' Phil., '/.2.
"n the case, hoever, in hich a sleeping o%an as aa6ened at night b$ so%eone touching her
ar%, and, believing that so%e person as atte%pting to abuse her, she as6ed ho the intruder as
and receiving no repl$, attac6ed and 6illed the said person ith a poc6et 6nife, it as held that,
notithstanding the o%an;s belief in the supposed atte%pt, it as not sufficient provocation or
aggression to *ustif$ her co%pletel$ in using deadl$ eapon. Although she actuall$ believed it to be
the beginning of an atte%pt against her, she as not co%pletel$ arranted in %a6ing such a deadl$
assault, as the in*ured person, ho turned out to be her on brother-in-la returning ho%e ith his
ife, did not do an$ other act hich could be considered as an atte%pt against her honor 1?nited
)tates vs. Apego, '4 Phil., 4.-2..
"n the instant case, if defendant and appellant had 6illed A%ado Capina, hen the latter cli%bed up
her house late at night on )epte%ber -9, -./', and surreptitiousl$ entered her bedroo%,
undoubtedl$ for the purpose of raping her, as indicated b$ his previous acts and conduct, instead of
%erel$ shouting for help, she could have been perfectl$ *ustified in 6illing hi%, as shon b$ the
authorities cited above..
According to the facts established b$ the evidence and found b$ the learned trial court in this case,
hen the deceased sat b$ the side of defendant and appellant on the sa%e bench, near the door of
the barrio chapel and placed his hand on the upper portion of her right thigh, ithout her consent,
the said chapel as lighted ith electric lights, and there ere alread$ several people, about ten of
the%, inside the chapel, including her on father and the barrio lieutenant and other dignitaries of
the organi,ation3 and under the circu%stances, there as and there could be no possibilit$ of her
being raped. And hen she gave A%ado Capina a thrust at the base of the left side of his nec6,
inflicting upon hi% a %ortal ound / -@' inches deep, causing his death a fe %o%ents later, the
%eans e%plo$ed b$ her in the defense of her honor as evidentl$ e>cessive3 and under the facts
and circu%stances of the case, she cannot be legall$ declared co%pletel$ e>e%pt fro% cri%inal
liabilit$..
But the fact that defendant and appellant i%%ediatel$ and voluntaril$ and unconditionall$
surrendered to the barrio lieutenant in said chapel, ad%itting having stabbed the deceased,
i%%ediatel$ after the incident, and agreed to go to her house shortl$ thereafter and to re%ain there
sub*ect to the order of the said barrio lieutenant, an agent of the authorities 1?nited )tates vs.
!ortale,a, -' Phil., /D'23 and the further fact that she had acted in the i%%ediate vindication of a
grave offense co%%itted against her a fe %o%ents before, and upon such provocation as to
produce passion and obfuscation, or te%porar$ loss of reason and self-control, should be
considered as %itigating circu%stances in her favor 1People vs. Parana, E/ Phil., 44-3 People vs.
)a6a%, E- Phil., 'D3 ?nited )tates vs. Arribas, - Phil., <E2.
=efendant and appellant further clai%s that she had not intended to 6ill the deceased but %erel$
anted to punish his offending hand ith her 6nife, as shon b$ the fact that she inflicted upon
hi% onl$ one single ound. And this is another %itigating circu%stance hich should be
considered in her favor 1?nited )tates vs. Brobst, -/ Phil., 4-(3 ?nited )tates vs. =ia,, -9 Phil.,
-'42.
#he clai% of the prosecution, sustained b$ the learned trial court, that the offense as co%%itted
b$ the defendant and appellant, ith the aggravating circu%stance that the 6illing as done in a
place dedicated to religious orship, cannot be legall$ sustained3 as there is no evidence to sho
that the defendant and appellant had %urder in her heart hen she entered the chapel that fatal
night. Avelina is not a cri%inal b$ nature. )he happened to 6ill under the greatest provocation. )he
is a Fod-fearing $oung o%an, t$pical of our countr$ girls, ho still possess the consolation of
religious hope in a orld here so %an$ others have hopelessl$ lost the faith of their elders and
no drifting aa$ the$ 6no not here.
#he &uestions raised in the second and third assign%ents of error appear, therefore, to be ell
ta6en3 and so is the first assign%ent of error to a certain degree.
"n the %ind of the court, there is not the least doubt that, in stabbing to death the deceased A%ado
Capina, in the %anner and for% and under the circu%stances above indicated, the defendant and
appellant co%%itted the cri%e of ho%icide, ith no aggravating circu%stance hatsoever, but ith
at least three %itigating circu%stances of a &ualified character to be considered in her favor3 and, in
accordance ith the provisions of article E. of the Revised Penal Code, she is entitled to a
reduction b$ one or to degrees in the penalt$ to be i%posed upon her. And considering the
circu%stances of the instant case, the defendant and appellant should be accorded the %ost liberal
consideration possible under the la 1?nited )tates vs. Apego, '4 Phil., 4.-3 ?nited )tates vs.
Rivera, /- Phil., /D'3 People vs. Mercado, /4 Phil., .9(2..
#he la prescribes the penalt$ of reclusion temporal for the cri%e of ho%icide3 and if it should be
reduced b$ to degrees, the penalt$ to be i%posed in the instant case is that of prision
correccional3 and pursuant to the provisions of section - of Act No. /-(4 of the Philippine
+egislature, 6non as the "ndeter%inate )entence +a, herein defendant and appellant should be
sentenced to an indeter%inate penalt$ ranging fro% arresto mayor in its %ediu% degree, to prision
correccional in its %ediu% degree. Conse&uentl$, ith the %odification of *udg%ent appealed
fro%, defendant and appellant Avelina Jaurigue is hereb$ sentenced to an indeter%inate penalt$
ranging fro% to %onths and one da$ of arresto mayor, as %ini%u%, to to $ears, four %onths,
and one da$ of prision correccional, as %a>i%u%, ith the accessor$ penalties prescribed b$ la,
to inde%nif$ the heirs of the deceased A%ado Capina, in the su% of P',(((, and to suffer the
corresponding subsidiar$ i%prison%ent, not to e>ceed -@4 of the principal penalt$, in case of
insolvenc$, and to pa$ the costs. =efendant and appellant should also be given the benefit of -@' of
her preventive i%prison%ent, and the 6nife %ar6ed E>hibit B ordered confiscated. )o ordered..
Ozaeta, Perfecto, and Benzon, JJ., concur.
Se)ara*e O)+#+o#,
HLA&O, J., concurring5
"n past dissenting and concurring opinions %$ vie regarding the validit$ or nullit$ of *udicial
proceedings in the Japanese-sponsored courts hich functioned in the Philippines during the
Japanese occupation has been consistent. " a% not abandoning it. But in deference to the %a*orit$
ho sustain the opposite vie, and because no part$ litigant herein has raised the &uestion, " have
ta6en part in the consideration of this case on the %erits. And, voting on the %erits, " concur in the
foregoing decision penned b$ Justice =e Jo$a.
#he +aphil Pro*ect - Arellano +a !oundation