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  • C.A. No. 384 February 21, 1946 People v. Juarigue

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    El Pepito
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    Avelina refused Amado's advances, which made him increasingly aggressive and intrusive over time. While attending church services, Amado sat next to Avelina, grabbed her hand to stop her from getting a knife she carried for protection, and put his other hand on her thigh. Unable to endure further harassment, Avelina stabbed Amado in the neck with her knife. She was found guilty of homicide with the aggravating circumstance that the act occurred in a place of worship. However, the court ruled that this circumstance did not apply because Avelina did not plan to kill Amado at the church - she brought the knife for self-defense generally and stabbed him only after he provoked her there.

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    C.a. No. 384 February 21, 1946 People v. Juarigue

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    Avelina refused Amado's advances, which made him increasingly aggressive and intrusive over time. While attending church services, Amado sat next to Avelina, grabbed her hand to stop her from getting a knife she carried for protection, and put his other hand on her thigh. Unable to endure further harassment, Avelina stabbed Amado in the neck with her knife. She was found guilty of homicide with the aggravating circumstance that the act occurred in a place of worship. However, the court ruled that this circumstance did not apply because Avelina did not plan to kill Amado at the church - she brought the knife for self-defense generally and stabbed him only after he provoked her there.

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    11 views1 page

    C.A. No. 384 February 21, 1946 People v. Juarigue

    Uploaded by

    El Pepito
    Avelina refused Amado's advances, which made him increasingly aggressive and intrusive over time. While attending church services, Amado sat next to Avelina, grabbed her hand to stop her from getting a knife she carried for protection, and put his other hand on her thigh. Unable to endure further harassment, Avelina stabbed Amado in the neck with her knife. She was found guilty of homicide with the aggravating circumstance that the act occurred in a place of worship. However, the court ruled that this circumstance did not apply because Avelina did not plan to kill Amado at the church - she brought the knife for self-defense generally and stabbed him only after he provoked her there.

    Copyright:

    © All Rights Reserved
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    of 1

    Criminal Law 1

    Student Name Edsel L. Pepito


    Course & Year JD-01
    Professor Atty. Russell Randall L. Gocuan

    People v. Jurarigue

    C.A. No. 384 February 21, 1946

    Justice De Joya

    Facts:
    Victim Amado was courting Avelina. In one occasion, while Avelina’s cousing washed the latter’s
    hankerchief, Amado stole it. Amado proposed her love to Avelina. Avelina refused. Amado grabbed
    her, kissed her, and touched her chest. To this, Avelina slapped him, threw fist blows, and kicked him.
    Avelina told her mother the next day. Her mother gave her a fan knife for protection.

    Not long after, Amado intruded in Avelina’s house while she was asleep. He kissed her hand which
    woke her up. She screamed for help, he hid under the bed. Her parents arrive in the room. He
    apologized.

    Days after, Avelina and her family attended services in the Seventh Day Adventists chapel. Avelina’s
    father got there first, Avelina followed and sat on one of the benches. Amado saw Avelina, sat beside
    her and put his hand in her right thigh. Avelina tried to get her knife with right hand. Amado held her
    right hand to stop her. Avelina quickly grabbed the knife with her left hand and stabbed Amado in the
    neck.

    Amado staggered. Avelina’s father saw Amado bleeding. Her father asked why she did it, she said
    she could not endure it anymore. CFI found Avelina guilty of homicide with the aggravating
    circumstance of having committed the act in a place of worship, inter alia. Avelina appealed.

    Issue.
    Is the AC of offending a place of worship applicable? -No

    Ruling:
    While it is true that the crime occurred in a chapel, this does not necessarily denote the attachment of
    said AC. As per law, for a proper appreciation of AC of having committed the crime in a place of
    worship, there should be premeditation that the offender intended to do it in the place of worship. As
    the facts show, Avelina did not plan to kill Amado nor to kill him in a chapel. Avelina had in her case
    the fan knife just for protection whenever and wherever she might need it. It just so happened that
    Amado provoked her in the chapel and that was where Avelina could not bear it anymore. With this
    in mind, the present court ruled that the lower court erred in assigning the AC in its judgment against
    Avelina.

    El Pepito | Case Digest Page 1

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