People v.

Jaurigue
76 Phil 174 February 21, 1946

TOPIC: Circumstances Affecting Criminal Liability; Justifying; Defense of Honor

FACTS:
Defendant Avelina Jaurigue and the deceased Amado Capili lived in a
barrio in San Pablo, Laguna. The latter confessed his love for the former in a
harassing manner and he had always been rejected. This didnt stop him from
pursuing her. There was a time when he forcefully embraced her, a time when
he touched her breasts and a time when he entered her room and made
advances against her to which a confrontation between their families ensued.
Days after, the defendant has been hearing stories that the deceased has
been boasting around the barrio of his success in making her fall in love. She
still tolerated the abuses up to this point.
On Sept. 20, 1942, while at the church of Seventh Day Adventists, the
deceased made another advance to the defendant Avelina and touched the
upper part of her thighs. Thereafter, she stabbed him in the neck with a knife
she kept for self-defense. She was convicted of homicide by the CFI Tayabas.
She appealed this decision claiming that she has done such in defense of her
honor.

ISSUE:
WON the liability of the defendant Avelina be justified through her claim of
defense of honor

HELD:
YES. The court ruled that the means employed by her was excessive but
the defense of her honor may be admitted to justify the act. The punishment
prescribed to her by the CFI was lowered by two degrees.
(The court also added that had she killed him at the time when he entered
her room surreptitiously, the act of killing may have been perfectly justified. But in
the present case, the same act would have been excessive.)