1. SELF-DEFENSE, EXEMPTION FROM CRIMINAL LIABILITY. — The defendant was accused of having caused the death of another during a struggle commenced by the latter, who, after kicking the accused in the face, caught and held him by the neck. Death resulted from the wounds inflicted by the defendant, who, while being held in the position stated and in order to free himself from his assailant, drew a penknife from his pocket and wounded the latter. The circumstances under which the accused acted constitute an exemption and he is clearly relieved from criminal responsibility. The doctrine already laid down in a similar case is applicable to the present cause. (U. S. v. Sosa, 4 Phil. Rep., 104.)

Ambrosio Gesmundo was accused of having caused the death of Castor Esconde in a struggle commenced by the latter. Esconde kicked Gesmundo in the face and afterwards caught the latter by the neck had held him. Gesmundo, while being held as stated and in order to free himself from his assailant, drew a penknife from his pocket and wounded Esconde. Death resulted from the wounds inflicted. The characteristic elements of self-defense are here well defined, and anyone acting under such circumstances is relieved from criminal responsibility. The doctrine already laid down in a similar case is applicable to the present cause. (U.S. v. Sosa, 4 Phil. Rep., 104.)

Therefore, in accordance with the motion of the prosecution, Ambrosio Gesmundo is hereby acquitted, and the costs in both instances are declared de oficio. So ordered.

Torres, Mapa, Johnson, Carson, Willard, and Tracey, JJ., concur.