CRIMINAL LAW CASE DIGEST | PEOPLE V. JAURIGUE, 76 PHIL. 174

PEOPLE V. JAURIGUE,

76 PHIL. 174

TOPIC/DOCTRINE

FACTS

When the deceased sat by the side of defendant and appellant on the same bench, near the door of the barrio chapel and placed his hand on the upper portion of her right thigh, without her consent, the said chapel was lighted with electric lights, and there were already several people, about ten of them, inside the chapel, including her own father and the barrio lieutenant. She gave A. C. a thrust at the base of the left side of his neck, inflicting upon him a mortal wound 4½ inches deep, causing his death a few moments later. defendant and appellant immediately and voluntarily and unconditionally surrendered to the barrio lieutenant, admitting having stabbed the deceased, and agreed to go to her house shortly thereafter and to remain there subject to the order of the said barrio lieutenant, an agent of the authorities.

ISSUE

Is defendant except from criminal liability?

RULING

No.

The court held that ; there was and there could be no possibility of her being raped. And when she gave A. C. a thrust at the base of the left side of his neck, inflicting upon him a mortal wound 4½ inches deep, causing his death a few moments later, the means employed by her in the defense of her honor was evidently excessive. The fact that defendant and appellant immediately and voluntarily and unconditionally surrendered to the barrio lieutenant, admitting having stabbed the deceased, and agreed to go to her house shortly thereafter and to remain there subject to the order of the said barrio lieutenant, an agent of the authorities, and the further fact that she had acted in the immediate vindication of a grave offense committed against her a few moments before, and upon such provocation as to produce passion and obfuscation, or temporary loss of reason and self-control, should be considered as mitigating circumstances in her favor. It appearing that defendant and appellant merely wanted to punish the offending hand of the deceased with her knife, as shown by the fact that she inflicted upon him only one single wound, the mitigating circumstance of lack of intention to commit so grave a wrong as that actually committed should be considered in her favor. The aggravating circumstance that the killing was done in a place dedicated to religious worship, cannot be legally considered, where there is no evidence to show that the defendant and appellant had murder in her heart when she entered the chapel the fatal night.

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