G.R. No. 3346
THE UNITED STATES, plaintiff‑appellee, vs. FRANCISCO DIMITILLO, defendant‑appellant

FACTS
The accused, while pausing to wash in a river, was seized by Evangelista Palma, who repeatedly dragged him underwater. Dimitillo called for help, wrestled Palma’s stick, and struck him multiple times, delivering a fatal blow as Palma fled toward the shore. The incident was corroborated by Candido Descansota, who heard Dimitillo’s cries and found Palma’s dead body. The community reputed Palma a sorcerer; Dimitillo feared he could be turned into a shark or eaten, a belief that induced terror and excessive violence.

ISSUE
Whether Dimitillo could validly claim self‑defense under Article 8, No. 4 of the Penal Code, and whether the penalty imposed should be reduced under Article 86.

RULING
The Court held that although Dimitillo was not the initial aggressor, he is not exempt from criminal liability because the fatal strike was delivered after the necessity of self‑defense had ceased, with Palma already in retreat; thus the essential element of self‑defense is lacking. Applying Article 86, the Court reduced the penalty, ordering imprisonment of two years, four months, and one day (prisión correccional, medium degree) with a ₱1,000 indemnity, subject to the limitation of Article 50, No. 1 (effect limited to one‑third of the term, not exceeding one year). Costs of both instances were also imposed. The decision directs that judgment be rendered ten days after notification and the record remanded to the lower court for implementation.