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PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[Adm. Matter No. 384. February 21, 1946. ]

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NICOLAS JAURIGUE and AVELINA JAURIGUE, Defendants. AVELINA JAURIGUE, Appellant.

Jose Ma. Recto for Appellant.

Assistant Solicitor General Enriquez and Solicitor Palma for Appellee.

SYLLABUS


1. CRIMINAL LAW; HOMICIDE; EXEMPTING CIRCUMSTANCES; DEFENSE OF HONOR. — The attempt to rape a woman constitutes an unlawful aggression sufficient to put her in a state of legitimate defense, inasmuch as a woman’s honor cannot but be esteemed as a right as precious, if not more, than her very existence; and it is evident that a woman who, thus imperiled, wounds nay kills the offender, should be afforded exemption from criminal liability, since such killing cannot be considered a crime from the moment it became the only means left for her to protect her honor from so great an outrage.

2. ID.; ID.; ID.; ID.; CASE AT BAR. — 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; 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 4
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