U.S. v. AH CHONG 15 Phil. 488 (1910) Facts: Ah Chong was a cook in Ft. McKinley. He was afraid of bad elements.

One evening, before going to bed, he locked himself in his room by placing a chair against the door. After having gone to bed, he was awakened by someone trying to open the door. He called out twice, Who is there, but received no answer. Fearing that the intruder was a robber, he leaped from his bed and called out again, If you enter the room I will kill you. But at that precise moment, he was struck by the chair that had been placed against the door, and believing that he was being attacked he seized a kitchen knife and struck and fatally wounded the intruder who turned out to be his roommate. Held: Ah Chong must be acquitted because of mistake of fact. Ratio: Had the facts been as Ah Chong believed them to be, he would have been justified in killing the intruder under Article 11, paragraph 1, of the Revised Penal Code, which requires, to justify the act, that there be:

reasonable necessity of the means employed to prevent or repel it, and

If the intruder was really a robber, forcing his way into the room of Ah Chong, there would have been unlawful aggression on the part of the intruder. There would have been a necessity on the part of Ah Chong to defend himself and/or his home. The knife would have been a reasonable means to prevent or repel such aggression. And Ah Chong gave no provocation at all. Under Article 11 of the Revised Penal Code, there is nothing unlawful in the intention as well as in the act of the person making the defense.