People vs Jaurigue and Jaurigue

Facts: Aveline Jaurigue and Amado Capia lived in the barrio of Sta. Isabel, City of San Pablo, Province of Laguna. Amado had been courting Avelina. He had snatched handkerchief belonging to Avelina, bearing her nickname Aveling while it was being washed by her cousin Josefa Tapay. Avelina who was feeding her dog under her house, Amado approached her and tells her of his love and suddenly embraced and kissed her and touched her breasts she slapped him, gave him a fist blows and kicked him. Since then she armed herself with a long Fan Knife.About midnight, Amado climbed up the house of the defendant and entered the room while Avelina was sleeping. He felt her forehead, evidently with the intention of abusing her. She screamed for help, which awakened her parents. Amado came out of the place where he was hiding, under the bed and kissed the hand of Nicolas Jaurigue, asking for forgiveness. Nicolas sent for the barrio lieutenant and Amados parents. Amados parents apologize for their sons misconduct. After which, Avelina received information that Amado had been falsely boasting in the neighborhood of having taken liberties with her person and asked Amado to elope with her and if he wouldnt marry her, shell poison herself.Nicolas went to the chapel of the Seventh Day Adventists, of which he was the treasurer and along with him was the barrio lieutenant Casimiro Lozada. Avelina arrived shortly after her father; she sat next to the last one nearest the door. Amado who was sitted on the other side of the chapel then immediately transferred and sat on the right side of Avelina. Then suddenly, he placed his hand on the upper part of her right thigh. Because of this highly improper and offensive conduct of Amado, Avelina pulled with her right hand the fan knife, which she had in a pocket of her dress.Amado seized her right hand but quickly grabbed the knife with her left hand and stabbed Amado once at the base of the left side of the neck, inflicting him a wound of 4 and 1/2 inches deep. Amado died from the wound. Nicolas and Avelina went home as ordered by the barrio lieutenant and instructed to wait for the arrival of the municipal authorities. Upon the arrival of 3 policemen Avelina surrendered the knife.

Issue: WON Accused is qualified of the JC (Art.11, par.1)?

Held: No. Avelina Jaurigue is not exempted from criminal liability. The means employed by her in the defense of her honor was evidently excessive and she cannot be legally declared completely exempt from criminal liability. The offense was committed by the defendant with the Aggravating circumstance that the killing was done in a place dedicated to religious worship, cannot be legally sustained. There is no evidence to show that the defendant had murder in her heart when she entered the chapel. She was able to kill under the greatest provocation. She is sentenced to an indeterminate penalty.