POEPLE VS ALCONGA 78 PHILREP 366

Facts:

On May 27, 1943, the victim, Silverio Barion, in the fit of anger after he suffered losses in the card
game due to tricky play of Maria de Raposo & the accused, Dioscoro Alconga, left the house of
Mauricio Jepes but not before telling the accused Alconga, "tomorrow morning I
will give you a breakfast" which implies threat againt Alconga.

On May 29, 1943, while Alconga was on his duty as home guard in the
barrio of Santol. Barion came along and, addressing the former, said,
"Coroy, this is your breakfast," followed forthwith by a swing of his
"pingahan".

Alconga had managed to escape the first attack and he fell to the
ground.The second attack was also missed. On the third attack,
Alconga fired at him with his revolver, causing Barion to stagger and
to fall to the ground. The latter stand again and a hand-to-hand
fight ensued. Having sustained several wounds, the deceased ran away
but was followed by the accused. the deceased was overtaken, and
another fight took place, during which the mortal bolo blow—the one
which slashed the cranium—was delivered, causing the deceased to
fall to the ground, face downward.

Issue:
1. WON the self-defense is a valid reason.
2. WON the provocation of the victim can be used as a mitigating
circumstances.

Ruling:
1. No. An accused was no longer acting in self-defense when he
pursued and killed a fleeing adversary, though originally the
unlawful aggressor, there being then no more aggression to defend
against, the same having ceased from the moment the deceased took to
his heels.

2. No.Provocation given by an adversary at the commencement and

during the first stage of a fight, cannot be considered as a
mitigating circumstance, where the appellant pursued and killed the
former while fleeing and the deceased, as in the case at bar, from
the moment he fled after the first stage of the fight to the moment
he died, did not give any provocation for appellant to pursue, much
less further to attack him.