G.R. No. 1523 : January 4, 1905
THE UNITED STATES, complainant-appellee, vs. JACINTO SOSA, defendant-appellant.

FACTS:
The defendant, Jacinto Sosa, a municipal policeman of Cabugao, Ilocos Sur, was charged with the crime of homicide. The evidence established that the deceased, without any provocation from Sosa, attacked him by striking and kicking him, and then attempted to choke him. During the ensuing hand-to-hand struggle, Sosa, who was armed with a club by virtue of his office, struck the deceased on the head after other means to free himself had failed. The blow caused a skull fracture that resulted in the deceased’s death three days later. The trial court found that while there was an unprovoked aggression, the means Sosa employed to repel it were not reasonably necessary. Consequently, applying Article 86 of the Penal Code, the court convicted Sosa of homicide and sentenced him to three years of correctional imprisonment and an indemnity.

ISSUE:
Whether the defendant acted in complete self-defense, thereby exempting him from criminal liability under the Penal Code.

RULING:
Yes. The Supreme Court acquitted the defendant. The Court found that all the requisites for justifying self-defense under the Penal Code were present: (1) there was an unlawful aggression by the deceased; (2) the means employed by Sosa to repel the aggression were reasonably necessary; and (3) there was lack of sufficient provocation on Sosa’s part. The Court emphasized that Sosa, while also armed with a knife, chose to use only his club against an aggressor who was choking him after a violent physical assault. Under the circumstances of a sudden and violent attack, Sosa’s use of the club was a reasonable and necessary act of defense. The fact that he did not use a more lethal weapon (the knife) demonstrated his intent only to repel the aggression, not to cause excessive harm. The trial court’s judgment was reversed, and Sosa was acquitted, with costs de oficio.