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    26 - People Vs Jaurigue

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    Nhorry M
    Avelina Jaurigue stabbed and killed Amado Capina after he touched her thigh without permission inside a chapel. Avelina claimed the killing was justified to defend her honor, citing past instances of Amado acting aggressively toward her. However, the Supreme Court ruled Avelina was not completely exempt from criminal liability because the means she used to defend herself, stabbing Amado in the neck, was excessive given the circumstances. While Avelina may not have intended to kill Amado, there were also not enough mitigating circumstances to consider the case fully in her favor.

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    26 - People Vs Jaurigue

    Uploaded by

    Nhorry M
    212 views1 page
    Avelina Jaurigue stabbed and killed Amado Capina after he touched her thigh without permission inside a chapel. Avelina claimed the killing was justified to defend her honor, citing past instances of Amado acting aggressively toward her. However, the Supreme Court ruled Avelina was not completely exempt from criminal liability because the means she used to defend herself, stabbing Amado in the neck, was excessive given the circumstances. While Avelina may not have intended to kill Amado, there were also not enough mitigating circumstances to consider the case fully in her favor.

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    People vs Jaurigue Digest

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    26 - People vs Jaurigue

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    Avelina Jaurigue stabbed and killed Amado Capina after he touched her thigh without permission inside a chapel. Avelina claimed the killing was justified to defend her honor, citing past instances of Amado acting aggressively toward her. However, the Supreme Court ruled Avelina was not completely exempt from criminal liability because the means she used to defend herself, stabbing Amado in the neck, was excessive given the circumstances. While Avelina may not have intended to kill Amado, there were also not enough mitigating circumstances to consider the case fully in her favor.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    212 views1 page

    26 - People Vs Jaurigue

    Uploaded by

    Nhorry M
    Avelina Jaurigue stabbed and killed Amado Capina after he touched her thigh without permission inside a chapel. Avelina claimed the killing was justified to defend her honor, citing past instances of Amado acting aggressively toward her. However, the Supreme Court ruled Avelina was not completely exempt from criminal liability because the means she used to defend herself, stabbing Amado in the neck, was excessive given the circumstances. While Avelina may not have intended to kill Amado, there were also not enough mitigating circumstances to consider the case fully in her favor.

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    (JUSTIFYING CIRCUMSTANCES)

    PEOPLE vs. JAURIQUE


    76 Phil 174, C A NO. 384 (1946)

    FACTS:
    - September 20, 1942 – Province of Laguna
    (D)Nicolas Jaurigue (father ); (D-A)Avelina Jaurigue (daughter) – Defendants & Appellant |
    Amado Capina (deceased)
    - Amado Capina had been courting Avelina prior to the fatal incident happened in September 20, 1942
    There were instances that Amado was trying to act aggressively towards the defendant:
    - September 13 - while Avelina was feeding a dog, Amado approached her and spoke to her of his love, which
    Avelina flatly refused, and Amado suddenly embraced and kissed Avelina and touched her breasts. Avelina,
    slapped Amado, gave him fist blows and kicked him. Since then, she armed herself with a long fan knife,
    whenever she went out, for self-protection.
    - September 15 - about midnight, Amado climbed up the house of Avelina and secretly entered the room
    where she was sleeping with the intention of abusing her. Defendant and appellant immediately screamed
    for help, which awakened her parents and brought them to her side. Amado’s parents apologized for the
    misconduct of their son.
    - September 20 - Avelina received information (morning and afternoon) that Amado had been falsely
    boasting in the neighborhood of having taken liberties with her. And that Avelina asked to run away with
    him and if Amado would not marry her, she would take poison.
    - Same day - 8PM while D-A was about to attend religious service in Chapel Seventh Day Adventist with her
    father and Barrio lieutenant Casimiro Lozada. While Amado was also inside the chapel and upon observing
    the presence of Avelina, Amado went to the bench on which Avelina was sitting and sat by her right side,
    and without saying a word, Amado, placed his hand on the upper part of her right thigh. Avelina, conscious
    of her personal dignity and honor, pulled out with her right hand the fan knife, which she had in a pocket of
    her dress, with the intention of punishing Amado's offending hand. Amado seized Avelina's right hand, but
    she quickly grabbed the knife with her left hand and stabbed Amado once at the base of the left side of the
    neck, inflicting upon him a wound about 4 1/2 inches deep. Amado Capina died minutes later.
    - Court of First Instance of Tayabas - crime of murder was filed for Nicolas Jaurigue was acquitted (father),
    but defendant Avelina Jaurigue was found guilty of homicide - defendant Avelina Jaurigue appealed to the
    Court of Appeals

    ISSUE: Whether or not defendant –appellant is exempted from criminal liability under Article 11 Justifying
    Circumstances

    SC RULING: No. Defendant may not have the intention to kill Amado but due to the fact that there is no aggravating
    circumstances during the incident to prove that at least three mitigating circumstances of a qualified character to be
    considered the case in defendant‘s favor. The means employed by Avelina in the defense of her honor was evidently
    excessive; and under the facts and circumstances of the case, she cannot be legally declared completely exempt
    from criminal liability.

    ARTICLE 11 – Par 1 - anyone who acts in defense of his person and rights provided that the following circumstances concur: (a) unlawful
    aggression (b) reasonable necessity by the means employed to prevent or repel it. (c) Lack of sufficient provocation on the part of the person
    defending himself.

    ARTICLE 69 – Penalty to be Imposed When the Crime Committed is Not Wholly Excusable. — A penalty lower by one or two degrees than that
    prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the
    same or to exempt from criminal liability in the several cases mentioned in articles 11 and 12, provided that the majority of such conditions be
    present. The courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions
    of exemption present or lacking

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