G.R. No. 28593, March 13, 1928
PEOPLE OF THE PHILIPPINES ISLANDS, plaintiff-appellee, vs. FERMIN MARASIGAN, defendant-appellant.

Ponente: VILLAMOR, J.

FACTS

The accused, Fermin Marasigan, was charged with homicide for the killing of Pedro de Chavez. The incident occurred on March 24, 1927, during a feast at a house in Sariaya, Tayabas. The deceased offered the accused a cup of wine, which the accused declined. This refusal apparently offended the deceased. The accused then left the house, picking up a club and opening his penknife on the way out. The deceased followed him. Upon catching up, a fight ensued where the accused struck the deceased with the club, they grappled, and the accused stabbed the deceased multiple times with the penknife, causing fatal wounds. The accused pleaded self-defense, claiming the aggression came from the deceased.

ISSUE

Whether or not the accused acted in lawful self-defense.

RULING

NO. The Supreme Court affirmed the trial court’s conviction for homicide. The plea of self-defense is untenable. The encounter was a mutual fight resulting from a prior altercation (the refusal to drink wine and the ensuing discussion). Once the accused accepted the fight by arming himself and engaging the deceased, the aggression became reciprocal. In such a mutually accepted combat, the first act of force is considered merely an incident of the fight, not an unlawful aggression that justifies self-defense. The Court cited precedents (U.S. vs. Navarro and U.S. vs. Cortes) holding that self-defense cannot be invoked in a voluntary fight where both parties intend to injure each other. The trial court’s sentence of fourteen years, eight months, and one day of *reclusion temporal*, with indemnity and costs, was affirmed.