DAY 5 CRIM2 2024

Question 1

Art. 148. Direct assaults.

Answer 1

Any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance, shall suffer the penalty of prision correccional in its medium and maximum periods and a fine not exceeding Two hundred thousand pesos (P200,000), when the assault is committed with a weapon or when the offender is a public officer or employee, or when the offender lays hands upon a person in authority. If none of these circumstances be present, the penalty of prision correccional in its minimum period and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed.

Question 2

Elements of the 1st form of direct assault:

Answer 2

1. That the offender employs force or intimidation.
2. That the aim of the offender is to attain any of the purposes of the
   crime of rebellion or any of the objects in the crime of sedition.
3. That there is no public uprising.

Question 3

Art. 148. Direct assaults. (Penalty)

Answer 3

shall suffer the penalty of prision correccional in its medium and maximum periods and a fine not exceeding Two hundred thousand pesos (P200,000), when the assault is committed with a weapon or when the offender is a public officer or employee, or when the offender lays hands upon a person in authority. If none of these circumstances be present, the penalty of prision correccional in its minimum period and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed.

Question 4

Direct assaults v Ordinary assaults

Answer 4

Direct assaults are crimes against public order; ordinary assaults
under Arts. 263 to 266 are crimes against persons.

Question 5

Two ways of committing the crime of direct assaults :

Answer 5

1. Without public uprising, by employing force or intimidation for the
   attainment of any of the purposes enumerated in defining the crimes
   of rebellion and sedition.
2. Without public uprising, by attacking, by employing force, or by
   seriously intimidating or seriously resisting any person in authority or
   any of his agents, while engaged in the performance of official duties,
   or on the occasion of such performance.

Question 6

Elements of the 2nd form of direct assault:

Answer 6

1. That the offender (a) makes an attack, (b) employs force, (c) makes a
   serious intimidation, or (d) makes a serious resistance.
2. That the person assaulted is a person in authority or his agent.
3. That at the time of the assault the person in authority or his agent
   (a) is engaged in the actual performance of official duties, or that he is
   assaulted, (b) by reason of the past performance of official duties.
4. That the offender knows that the one he is assaulting is a person in
   authority or his agent in the exercise of his duties.
5. That there is no public uprising.

Question 7

What is the difference between rebellion and sedition in the Philippines?

Answer 7

In distinguishing between the two crimes, the Supreme Court explained that the element of public uprising in rebellion must be directed against the government, while in sedition, it is directed against the execution of a law, a particular public officer, or the holding of an election.

Question 8

Who is a person in authority?

Answer 8

Any person directly vested with jurisdiction, whether as an individual
or as a member of some court or governmental corporation, board, or
commission, shall be deemed a person in authority. A barangay captain and a barangay chairman shall also be deemed a person in authority. (Art. 152, as amended) By “directly vested with jurisdiction” is meant “the power or authority to govern and execute the laws.”

Question 9

By “directly vested with jurisdiction” is meant

Answer 9

“the power or authority to govern and execute the laws.”

Question 10

How to determine whether a certain public officer is a person in
authority.

Answer 10

The powers and duties vested in him by law should be determined.

Question 11

Reasons why teachers and professors are protected in Arts. 148
and 151.

Answer 11

The spirit and purpose behind Commonwealth Act No. 578 is to give
teachers protection, dignity and respect while in the performance of their
official duties. This protection extends not only against pupils or relatives
of pupils, but against all persons who knowingly attack a teacher while
engaged in the performance of his official duties.** Respect for a teacher is
required of all persons, whether pupils, parents, or otherwise, if we are
to uphold and enhance the dignity of the teaching profession which the
law similarly enjoins upon all persons for the sake of the pupils and the
profession itself.** (People vs. Ceprioso, C.A., 52 O.G. 2609)

Question 12

Who is an agent of a person in authority?

Answer 12

An agent of a person in authority is one who, by direct provision of law
or by election or by appointment by competent authority, is charged with
the maintenance of public order and the protection and security of life and
property, such as a barrio councilman and barrio policeman and barangay
leader, and any person who comes to the aid of persons in authority. (Art.
152, as amended)

Question 13

Examples of agents of person in authority.
The following are agents of persons in authority:

Answer 13

Examples of agents of person in authority.
The following are agents of persons in authority:
1. Policeman. (U.S. vs. Cox, 3 Phil. 140; U.S. vs. Tabiana, 37 Phil
515)
2. Municipal treasurer, because he is only a deputy ex oficio of the
provincial treasurer, a person in authority within the province
where the latter exercises his jurisdiction. (People vs. Ramos 57
Phil. 462)
3. Postmaster, because he is only an agent of the Director of Posts,
a person in authority. (People vs. Acierto, 57 Phil. 614)
4. Rural policeman, even if he is not provided with a uniform and
does not receive pay, because he is duly appointed by the mayor
of the town and is provided with a badge. (People vs. Dosal, 92
Phil. 877)
5. Sheriff. (People vs. Hernandez, 59 Phil. 343)
6. Agents of the Bureau of Internal Revenue. (People vs. Reyes, et
al., C.A., 40 O.G., Supp. 11, 24)
7. Malacanang confidential agent. (People vs. Bustamante, C.A.,
G.R. No. 12950-R, Sept. 22,1955)
8. Barangay Chief Tanod (People vs. Recto, G.R. No. 129069,
October 17, 2001)

Question 14

Third element. — {In the performance of duty or by reason
thereof.)

Answer 14

The third requisite of the second form of direct assault requires that
at the time such assault or intimidation or resistance is made, the person in
authority or his agent (1) is engaged in the actual performance of his official
duty, or (2) at least that the assault or intimidation is done by reason of the
past performance of said duty.

Question 15

Knowledge of the accused that the victim is a person in authority
or his agent, essential.

Answer 15

The accused assaulting must have knowledge that the offended party
was a person in authority or his agent in the exercise of his duties, because
the accused must have the intention to offend, injure, or assault the offended
party as a person in authority or agent of authority. (U.S. vs. Alvear, et al.,
35 Phil. 626; People vs. Rellin, 77 Phil. 1038; People vs. Villasenor, 35 SCRA
460)

Question 16

“by reason of” the performance of the
duty of Judge Teodoro

“on occasion of such performance”
of official duty.
145

Answer 16

Held: The accused contends that the trial court erred in convicting
them of the complex crime of murder with assault upon a person in authority.
They pointed out that when the barangay captain was killed, he was not in
actual performance of his official duties. Be that as it may, the fact is, the
attack on the deceased was occasioned by the official duties done by him.
As the barangay captain, it was his duty to enforce the laws and ordinances
within the barangay. If in the enforcement thereof, he incurs the enmity of
the people who thereafter treacherously slew him, the crime committed is
murder with assault upon a person in authority.

Question 17

When evidence of motive is important in direct assault.

Answer 17

Evidence of motive of the offender is important when the person in
authority or his agent who is attacked or seriously intimidated is not in the
actual performance of his official duty.
Thus, in the cases of U.S. vs. Garcia and People vs. Torrecarion, supra,
the motive of the accused in assaulting the person in authority was the
performance of the latter’s official duties done before the assault.

But when a person in authority or his agent is in the actual performance
of his official duty, the motive of the offender is immaterial.

Question 18

If there is public and tumultuous uprising, the crime may be sedition.
If the person in authority or his agent who was attacked was in the
performance of his duty, the object of the uprising may be to prevent him
from freely exercising his functions. If the uprising was by reason of the
past performance of his official duty, the object may be to inflict an act of
hate or revenge upon the person or property of the public officer.

Question 19

The crime of slight physical injuries is absorbed in direct assault.
The slight physical injuries sustained by the policeman, then in the
performance of his duty, is absorbed in the crime of direct assault, as the
same is the necessary consequence of the force or violence inherent in all
kinds of assault. (People vs. Acierto, 57 Phil. 614)

Question 20

Qualified assault.

Answer 20

There are two kinds of direct assault of the second form, namely:
(1) simple assault; and
(2) qualified assault.

Question 21

Direct assault is qualified-

Answer 21

1. When the assault is committed with a weapon; or
2. When the offender is a public officer or employee; or
3. When the offender lays hands upon a person in authority.

Question 22

But when a person in authority or his agent is in the actual performance
of his official duty, the motive of the offender is immaterial.

Question 23

Article 149. Indirect assaults. -

Answer 23

The penalty of prision correccional in its minimum and medium periods and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article.

Question 24

Art. 149 INDIRECT ASSAULTS

Answer 24

Elements:
1. That a person in authority or his agent is the victim of any of the
forms of direct assault denned in Art. 148.
2. That a person comes to the aid of such authority or his agent.
3. That the offender makes use of force or intimidation upon such person
coming to the aid of the authority or his agent.

Question 25

Indirect assault can be committed only when?

Answer 25

a direct assault is
also committed.

Question 26

Art. 149 says “on occasion of the commission of any of the crimes
defined in the next preceding article.” (Art. 148) Hence, indirect assault can
be committed only when direct assault is also committed.

Question 27

indirect assault can
be committed only when direct assault is also committed.

Question 28

Article 150. Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions.

Answer 28

• The penalty of arresto mayor or a fine ranging from Forty thousand pesos (P40,000) to Two hundred thousand pesos (P200,000), or both such fine and imprisonment shall be imposed upon any person who, having been duly summoned to attend as a witness before Congress, its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses, refuses, without legal excuse, to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions. The same penalty shall be imposed upon any person who shall restrain another from attending as a witness, or who shall induce disobedience to a summon or refusal to be sworn by any such body or official.

Question 29

(Article 150)Acts punished as disobedience to the National Assembly or its
committee or Constitutional commission.

Answer 29

1. By refusing, without legal excuse, to obey summons of the National
   Assembly, its special or standing committees and subcommittees, the
   Constitutional commissions and its committees, subcommittees or
   divisions, or by any commission or committee chairman or member
   authorized to summon witnesses.
2. By refusing to be sworn or placed under affirmation while being before
   such legislative or constitutional body or official.
3. By refusing to answer any legal inquiry or to produce any books,
   papers, documents, or records in his possession, when required by
   them to do so in the exercise of their functions.
4. By restraining another from attending as a witness in such legislative
   or constitutional body.
5. By inducing disobedience to a summons or refusal to be sworn by any
   such body or official.
   Note: The National Assembly is now the Congress of the Philippines,
   consisting of the Senate and the House of Representatives.

Question 30

(Article 150)”Refuses, WITHOUT LEGAL EXCUSE”

Answer 30

to obey such summons, x x
x or to answer any legal inquiry or to produce any books, papers,
documents, or records in his possession.”
The phrase “without legal excuse” in this article indicates that only
disobedience without legal excuse is punishable.
Hence, Art. 150 may not apply when the papers or documents may be
used in evidence against the owner thereof, because it would be equivalent
to compelling him to be witness against himself. (Uy Khaytin vs. Villareal,
42 Phil. 886)

Question 31

Reasons for the provisions of Article 150 and the power of the
National Assembly to punish for contempt.

Answer 31

The power of inquiry — with process to enforce it — is an essential
and appropriate auxiliary to the legislative functions.
Experience has shown that mere requests for certain information
are often unavailing and also that information which is volunteered is not
always accurate or complete; so, some means of compulsion is essential to
obtain what is needed. (See Arnault vs. Nazareno, et al., supra)

Question 32

Article 151. Resistance and disobedience to a person in authority or the agents of such person.

Answer 32

• The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon any person who not being included in the provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties.

When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor or a fine ranging from Two thousand pesos (P2,000) to Twenty thousand pesos (P20,000) shall be imposed upon the offender.

Question 33

(Article 151)Elements of resistance and serious disobedience (par. 1):

Answer 33

1. That a person in authority or his agent is engaged in the performance
   of official duty or gives a lawful order to the offender.
2. That the offender resists or seriously disobeys such person in authority
   or his agent.
3. That the act of the offender is not included in the provisions of Arts.
   148, 149, and 150.

Question 34

(Article 151)Concept of the offense of resistance and disobedience.

Answer 34

The juridical conception of the crime of resistance and disobedience
to a person in authority or his agents consists in a failure to comply with
orders directly issued by the authorities in the exercise of their official
duties. Failure to comply with legal provisions of a general character or with
judicial decisions merely declaratory of rights or obligations, or violations
of prohibitory decisions do not constitute the crime of disobedience to the
authorities. (U.S. vs Ramayrat, 22 Phil. 183)

Question 35

(Article 151)A person cannot be guilty of disobedience to an order which is not
addressed to him.

Question 36

(Article 151)Elements of simple disobedience (par. 2).

Answer 36

1. That an agent of a person in authority is engaged in the performance
   of official duty or gives a lawful order to the offender.
2. That the offender disobeys such agent of a person in authority.
3. That such disobedience is not of a serious nature.

Question 37

(Article 151) “When the disobedience to an agent of a person in authority.”

Answer 37

In view of the phrase in the second paragraph of Art. 151, it is clear
that in simple disobedience, the offended party must be only an agent of a
person in authority.

Question 38

Direct assault distinguished from resistance or serious disobedience.

Answer 38

(1) In direct assault, the person in authority or his agent must be engaged
in the performance of official duties or that he is assaulted by reason
thereof; but in resistance, the person in authority or his agent must be
in actual performance of his duties.
(2) Direct assault (2nd form) is committed in four ways: (a) by attacking,
(b) by employing force, (c) by seriously intimidating, and (d) by
seriously resisting a person in authority or his agent; resistance or
serious disobedience is committed only by resisting or seriously
disobeying a person in authority or his agent.
(3) In both direct assault by resisting an agent of a person in authority
and resistance against an agent of a person in authority, there is force
employed, but the use of force in resistance is not so serious, as there
is no manifest intention to defy the law and the officers enforcing it.
The attack or employment of force which gives rise to the crime
of direct assault must be serious and deliberate; otherwise, even a case
of simple resistance to an arrest, which always requires the use of force
of some kind, would constitute direct assault and the lesser offense
of resistance or disobedience in Art. 151 would entirely disappear.
(People vs. Cauan, CA-G.R. No. 540, Oct. 11, 1938)

Question 39

If no force is employed by the offender in resisting or disobeying
a person in authority, the crime committed is resistance or serious
disobedience under the first paragraph of Art. 151.