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People vs Jaurigue and Jaurigue

Facts:
Aveline Jaurigue and Amado Capia lived in the barrio of Sta. Isabel,
City of San Pablo, Province of Laguna. Amado had been courting
Avelina. He had snatched handkerchief belonging to Avelina,
bearing her nickname Aveling while it was being washed by her
cousin Josefa Tapay. Avelina who was feeding her dog under her
house, Amado approached her and tells her of his love and suddenly
embraced and kissed her and touched her breasts she slapped
him, gave him a fist blows and kicked him. Since then she armed
herself with a long Fan Knife.
About midnight, Amado climbed up the house of the defendant and
entered the room while Avelina was sleeping. He felt her forehead,
evidently with the intention of abusing her. She screamed for help,
which awakened her parents. Amado came out of the place where he
was hiding, under the bed and kissed the hand of Nicolas Jaurigue,
asking for forgiveness. Nicolas sent for the barrio lieutenant and
Amados parents. Amados parents apologize for their sons
misconduct. After which, Avelina received information that Amado had
been falsely boasting in the neighborhood of having taken liberties
with her person and asked Amado to elope with her and if he wouldnt
marry her, shell poison herself.
Nicolas went to the chapel of the Seventh Day Adventists, of which he
was the treasurer and along with him was the barrio lieutenant
Casimiro Lozada. Avelina arrived shortly after her father; she sat next
to the last one nearest the door. Amado who was sitted on the other
side of the chapel then immediately transferred and sat on the right
side of Avelina. Then suddenly, he placed his hand on the upper part of
her right thigh. Because of this highly improper and offensive conduct
of Amado, Avelina pulled with her right hand the fan knife, which she
had in a pocket of her dress.
Amado seized her right hand but quickly grabbed the knife with her left
hand and stabbed Amado once at the base of the left side of the
neck, inflicting him a wound of 4 and 1/2 inches deep. Amado died
from the wound. Nicolas and Avelina went home as ordered by the
barrio lieutenant and instructed to wait for the arrival of the municipal
authorities. Upon the arrival of 3 policemen Avelina surrendered the
knife.
Issue: WON Accused is qualified of the JC (Art.11, par.1)?
Held:
No. Avelina Jaurigue is not exempted from criminal liability. The means
employed by her in the defense of her honor was evidently excessive
and she cannot be legally declared completely exempt from criminal

liability. The offense was committed by the defendant with the


Aggravating circumstance that the killing was done in a place
dedicated to religious worship, cannot be legally sustained.
There is no evidence to show that the defendant had murder in her
heart when she entered the chapel. She was able to kill under the
greatest provocation. She is sentenced to an indeterminate penalty.

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