People vs Jarigue

Justifying circumstances  are those wherein the acts of the actor are in accordance with law and, hence, he incurs no criminal and civil liability. liability. The justifying circumstances by subject are as follows: 1) Self-defense Anyone who acts in defense of his erson or rights. !Art. 11, "ar. 1) The scoe included self-defense not only of life, but also of rights li#e those of chastity ch astity,, roerty and an d honor. $t has also been alied to the crime of libel. $ts elements are: a) %nlawful aggression, b) &easonable necessity of the means emloyed to revent or reel it, c) 'ac# of sufficient rovocation on the  art of the erson defending himself. () efense of &elative *) efense of Stranger +) State of ecessity ) ulfillment of duty /) 0bedience to suerior order  THE PEOPLE OF THE PHILIPPINES vs. NICOLAS JAURIUE an! A"ELINA A"ELINA JAURIUE C.A. N#. $%& Fe'ruary ()* )+&, P#nencia* -e J#ya

FACTS Avelina aurigue and icolas aurigue, her father, were rosecuted for the crime of murder for which icolas was ac2uitted while Avelina Avelina was found guilty g uilty of homicide. She Sh e aealed to the 3ourt of Aeals for Southern 'u4on on une 15, 16++ to comletely absolve her of all criminal resonsibility for having acted in defense of her honor, to find in her favour additional mitigating circumstances and omit aggravating circumstance. At about 7:55 "8 of S Setember etember (5, 16+(, Amado 3aina, deceased victim, went to the chael of Seventh ay Adventists to attend religious services and sat at the front ben ch facing the altar. Avelina Avelina aurigue entered the chael shortly after the arrival of her father for the same urose and sat on the bench ne9t to the last one nearest the door. %on seeing Avelina, Avelina, Amado went and sat by Avelina Avelinass right side from his seat on the other side of the chael, and without saying a word, laced his hand on the uer art of her right thigh. Avelina aurigue, therafter, ulled out with her right hand the fan #nife wh ich she had in a  oc#et of her dress with the intention of unishing Amados Amados offending hand. Amado sei4ed her right hand but she 2uic#ly grabbed the #nife on her left hand and stabbed Amado once at the base of the left side of the nec# inflicting uon him a wound about + ; inches dee, which is mortal.  icolas saw 3aina bleeding and staggering towards the altar, altar, and uon seeing his daughter aroached her and as#ed her the reason for her action to which Avelina Avelina relied, arrio lieutenant, 3asimiro 'o4ada was there and Avelina Avelina surrendered herself. 'o4ada advised the aurigues to go home immediately for fear of retaliation of 3ainas 3ainas relatives. 

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?@?TS "&$0&: 0ne month before that fatal night, Amado 3aina snatched Avelinas Avelinas hand#erchief  bearing her nic#name while it was washed by her cousin, osefa Taay. Taay. 

 days rior to incident !Setember 1*, 16+(), Amado aroached her and rofessed his love for her which was refused, and thereuon suddenly embraced and #issed her and touched her breasts. She then slaed him, gave him fist blows and #ic#ed him. She informed her matter about it and since then, she armed herself with a long fan #nife whenever she went out. ( days after !Setember 1, 16+(), Amado climbed u the house of Avelina and entered the room where she was sleeing. She felt her forehead and she immediately screamed for hel which awa#ened her arents and brought them to her side. Amado came out from where he had hidden and #issed the hand of Avelinas father, icolas. Avelina received information in the morning and again at :55 "8 on the day of the incident !Setember (5, 16+() that Amado had been falsely boasting in the neighbourhood of having ta#en liberties with her erson. $n the evening, Amado had been courting the latter in vain.

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$SS%?S: Bhether or not the defendant should be comletely absolved of all criminal resonsibility  because she is justified in having acted in the legitimate defense of her honor. Bhether or not the 3ourt should find the additional mitigating circumstances of voluntary surrender, resence of rovocation and absence of intent in her favour  Bhether or not committing said offense in a sacred lace is an aggravating circumstance in this case 

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C?': 

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3onviction of defendant is sustained and cannot be declared comletely e9emt from criminal liability. To be entitled to a comlete self-defense of chastity, there must be an attemt to rae. To rovide for a justifying circumstance of self-defense, there must be a) %nlawful aggression, b) &easonable necessity of the means emloyed to revent or reel it, c) 'ac# of sufficient rovocation on the  art of the erson defending himself. Attemt to rae is an unlawful aggression. Cowever, under the circumstances of the offense, there was no ossibility of the defendant to be raed as they were inside the chael lighted with electric lights and contained several eole. Thrusting at the base of 3ainos nec# as her means to reel aggression is not reasonable but is instead, e9cessive. 8itigating circumstances are considered in her favour. 3ircumstances include her voluntary and unconditional surrender to the barrio lieutenant, rovocation from the deceased which roduced temorary loss of reason and self-control of the defendant and lac# of intent to #ill the deceased evidenced by infliction of only one single wound. Aggravating circumstance of having committed offense in a sacred lace is not sustained as there is no evidence that the defendant had intended to murder the deceased when she entered the chael that night. She #illed under great rovocation. "enalty: or homicide, enalty is reclusion temoral. Cowev er, with * mitigating circumstances and no aggravating circumstance, it is reduced by two degrees, in this case,  rision correccional. $ndeterminate Sentence 'aw rovides the enalty ranging from arresto mayor in its medium degree to rision correccional in its medium degree. Avelina is sentenced to (mos and 1 day of arresto mayor as minimum to ( years, + months, and 1 day of rision correccional as ma9imumD to indemnify heirs of 3aina in the sum of (,555D with corresonding subsidiary imrisonment not to e9ceed 1E* of

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 rincial enalty and to ay costs. She is given the benefit of ; of her reventive imrisonment S?"A&AT? 0"$$0: Cilado 2uestions the validity or nullity of judicial roceedings in the aanese-sonsored courts.