People vs Alconga

Facts: On May 27, deceased Silverio Barion, the banker of the card game, was playing black jack
against Maria De Raposo. De Raposo and Alconga were partners in the game, they had one money.
Alconga was seated behind Barion and he gave signs to De Raposo. Barion, who was suffering losses
in the game, found this out and he expressed his anger at Alconga. The two almost fought outright this
was stopped.
The two met again on May 29. when Alconga was doing his job as ahome guard. While the said
accused was seated on a bench in the guardhouse, Barion came along and said Coroy, this is your
breakfast followed by a swing of his pingahan, a bamboo stick. Alconga avoided the blow by falling
to the ground under the bench with the intention to crawl out of the guardhouse. A second blow was
given by Barion but failed to hit the accused, hitting the bench instead. Alconga managed to go out of
the guardhouse by crawling on his abdomen. While Barion was about to deliver the 3rd blow, Alconga
fired at him with his revolver, causing him to stagger and hit the ground. The deceased stood up, drew
forth his dagger and directed a blow to the accused who was able to parry the attack using his bolo. A
hand to handfight ensued. The deceased, looking already beaten and having sustained several wounds
ran away. He was followed by the accused and was overtaken after 200 meters.
A second fight took place and the deceased received a mortal bolo blow, the one which slasehde the
cranium. The deceased fell face downward besides many other blows delivered. Alconga surrendered.
Issue: Whether or not self-defense can be used as a defense by Alconga
Held: No. Self-defense cannot be sustained. Alconga guilty of Homicide
The deceased ran and fled w/o having to inflicted so much a scratch to Alconga, but after, upon the
other hand, having been wounded with one revolver shot and several bolo slashes the right of Alconga
to inflict injury upon him has ceased absolutely/ Alconga had no right to pursue, no right to kill or
injure. He could have only attacked if there was reason to believe that he is still not safe. In the case at
bar, it is apparent that it is Alconga who is the superior fighter and his safety was already secured after
the first fight ended. There was no more reason for him to further chase Barion. The second fight will
be treated differently and independently. Under the first fight, self-defense would have been valid, but
that is not the case in the second fight. In the second fight, there was illegal aggression on the part of
Alconga and as a result, he is found guilty of Homicide with no mitigating circumstance (MC) of
Provocation
Note Provocation in order to be an MC must be sufficient and immediately preceding the act. It
should be proportionate to the act committed and adequate to stir one to its commission