G.R. No. 384 : July 18, 1902
THE UNITED STATES, complainant-appellee, vs. AGAPITO FORTIN, defendant-appellant.

FACTS:
On the night of February 15, 1897, in the barrio of Talaonga, Bulusan, a meeting was being held to elect subordinate officers. The presiding officer and teniente of the barrio, Lucio Fusio, was intoxicated. Fusio provoked an altercation with Agapito Fortin by approaching him and biting him on the left shoulder. In defense against this aggression, Fortin threw Fusio to the ground, causing Fusio to suffer some slight bruises.

ISSUE:
Whether the accused, Agapito Fortin, is criminally liable for his acts against the teniente of the barrio.

RULING:
No. The Supreme Court reversed the judgment of the lower court and acquitted the accused. The facts do not constitute a crime. The Court held that:
1. The provocation and aggression were solely on the part of the teniente, Lucio Fusio, who, while drunk, bit the accused.
2. The accused acted in legitimate self-defense against an unlawful and unprovoked attack, employing reasonable means to repel it.
3. Due to his drunkenness and his role as the aggressor, Fusio was divested of his character as an agent of the authorities at that moment. The law does not protect one who violates it first.
Consequently, Agapito Fortin is exempt from all criminal liability. Costs were adjudged de oficio.