GR 43588; (November, 1935) (Digest)
G.R. No. 43588 ; November 7, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. NATIVIDAD LUAGUE and WENCESLAO ALCANSARE, defendants-appellants.
FACTS
The spouses Wenceslao Alcansare and Natividad Luague were convicted of homicide for the death of Paulino Disuasido. The prosecution’s version was that Natividad, with her husband’s participation, treacherously stabbed Paulino after borrowing his knife under a pretext. The defense version, which the Supreme Court found credible, was that on February 18, 1935, Paulino went to Natividad’s house while she was alone, made unchaste advances, and upon her refusal, threatened her with a knife to force her to submit. When Paulino put the knife down to lie with her, Natividad seized it and stabbed him in the abdomen to defend her honor. Paulino fled and later died. Natividad immediately surrendered to the authorities.
ISSUE
Whether Natividad Luague’s act of stabbing Paulino Disuasido constitutes a crime or is justified by an exempting circumstance.
RULING
The Supreme Court reversed the conviction and acquitted both accused. The Court held that Natividad Luague’s act constituted the exempting circumstance of legitimate self-defense under Article 11, subsection 1 of the Revised Penal Code, as she acted in defense of her honor against an attempted rape. The Court cited authoritative commentaries and Spanish jurisprudence establishing that a woman’s honor is a right as precious as life itself, and killing or wounding an aggressor to protect it from imminent violation is justified when it is the only available means of defense. The prosecution’s evidence, including the testimony of its witnesses, was found unreliable and contradictory. The Court also found that the accused husband, Wenceslao Alcansare, had no participation in the act.
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