G.R. No. 2949 (September 17, 1906)
THE UNITED STATES, Plaintiff-Appellee, vs. EDUARDO DE OCAMPO, Defendant-Appellant.

FACTS:
1. Incident:
– On June 8, 1905, Fortunato Reyes, while sick, sought refuge in the house of Eduardo de Ocampo (accused) and was allowed to rest.
– According to Reyes’ ante-mortem statement, he was attacked without provocation by Ocampo while sleeping, sustaining fatal bolo wounds.
– Ocampo, however, claimed that he found Reyes attempting to rape his wife, prompting him to attack Reyes in defense of his wife’s honor.

2. Trial Court Decision:
– The lower court convicted Ocampo of homicide, sentencing him to eight years and one day of prisión mayor, considering extenuating circumstances (Article 9 of the Penal Code).

ISSUE:
1. Whether Eduardo de Ocampo is exempt from criminal liability under Article 8 of the Penal Code (defense of a relative’s honor).
2. Whether the means employed in repelling the aggression were reasonably necessary.

RULING:
1. Partial Exemption:
– The Supreme Court found that Ocampo acted in defense of his wife’s honor (not merely “vindication”), satisfying illegal aggression and lack of provocation under Article 8.
– However, the force used was excessive since Reyes was unarmed, and Ocampo inflicted multiple wounds beyond reasonable necessity.

2. Modified Penalty:
– The Court applied Article 86 of the Penal Code, reducing the penalty by two degrees (from reclusión temporal to prisión correccional).
– Considering extenuating circumstances (emotional disturbance under Article 9), Ocampo was sentenced to six months and one day of prisión correccional, plus indemnification of ₱100 to Reyes’ heirs.

Disposition: The trial court’s judgment was reversed. Ocampo was found guilty of homicide but given a reduced penalty.

Concurring Justices: Arellano, C.J., Torres, Mapa, Johnson, Willard, and Tracey.