G.R. No. L‑3515
October 3 1907

FACTS
– Anderson Mack, a Black soldier, was charged with asesinato (assassination) but convicted of homicidio (homicide) for killing Municipal Policeman Estanislao Indic on 4 May 1906 in Tacloban, Leyte.
– The deceased, with another policeman, ordered Mack and another soldier to go to quarters; Mack refused.
– Indic approached Mack, brandishing a bolo and verbally abusing him. Mack, seated a few feet away, drew his revolver and fired three shots as Indic closed to within 3‑6 feet, striking him in the chest and head.
– The trial court found that Mack’s evidence established an “incomplete defense” meriting a penalty reduction, but not full exemption.
– Mack appealed, asserting complete exemption on the ground of self‑defense.

ISSUE
Whether the facts constitute lawful self‑defense under Article 8, subdivision 4 of the Philippine Penal Code, thereby granting Mack complete exemption from criminal liability for homicide.

RULING
The Supreme Court reversed the conviction. It held that:

1. Elements of self‑defense illegal aggression, lack of sufficient provocation, and reasonable necessity of the means employed must all be proven by the accused.
2. The evidence showed that Indic’s aggressive approach with a bolo created an imminent threat of lethal harm; Mack’s use of a revolver was reasonably necessary to repel that threat.
3. In the circumstances (night, close distance, rapid approach), aiming at the assailant’s body rather than a specific limb was a natural and reasonable response.
4. Consequently, Mack established the full requisites of self‑defense and is entitled to complete exemption from liability.

Disposition The trial court’s judgment is reversed; Anderson Mack is acquitted of the homicide charge, with costs awarded to him. All bonds and sureties are released.

Concurrence: Justices Torres, Johnson, Willard, and Tracey.
Dissent: Chief Justice Arellano.