4. DIRECT ASSAULT (ART. 148) Rivera vs.

People, 462 SCRA 350 Facts: In March 1993, Police Inspector Leygo, Deputy Chief of Police for Operation and Patrol of the La Trinidad Police Station and SPO1 Basquial came upon a truck unloading sacks of chicken dung at the stall of accused Rivera. Inspector Leygo advised the driver to stop unloading the manure as it violates La Trinidad Municipal Ordinance No. I-91. The driver complied with the police directive and was escorted by the police. However, members of the police under Inspector Leygo later saw the same truck. After a chase, Inspector Leygo asked the accused why he insisted on defying the ban on the unloading and loading of chicken manure. Instead of answering however, the accused pointed a finger on the policeman and uttered words like "Babalian kita ng buto", "Ilalampaso kita", and "Pulis lang kayo", and other unsavory and insulting words. Inspector Leygo who was a little bit angry warned the accused to stop uttering further insulting words and cautioned him to take it easy and then informed him that he was being arrested for violation of the chicken dung ordinance. The accused removed his jacket, placed it inside the vehicle, assumed a fighting stance and challenged the policeman. Inspector Leygo then approached the accused and warned him anew that he was being arrested. The accused responded by punching Inspector Leygo on his face, particularly on his lip. The two then grappled as Inspector Leygo tried to hold the accused. Finally, with the help of other policemen, the accused was subdued. The accused was then pushed into one of the police cars but he resisted until Castro, one of the chicken dung dealers in the area, boarded the police car to accompany him. The trial court convicted petitioner of the crime of direct assault. On appeal, the appellate court affirmed in toto the decision of the trial court. Hence, this petition for review on certiorari. Issue: Whether or not the Court of Appeals erred in affirming the judgment of conviction rendered by the trial court. Held: No. Direct assault, a crime against public order, may be committed in two ways: first, by any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition; and second, by any person or persons who, without a public uprising, 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. Petitioners case falls under the second mode, which is the more common form of assault and is aggravated when: (a) the assault is committed with a weapon; or (b) when the offender is a public officer or employee; or (c) when the offender lays hand upon a person in authority. At the time of the assault, Lt. Leygo was engaged in the actual performance of his official duties. He was wearing the designated police uniform and was on board a police car conducting a routinary patrol when he first came upon the truck unloading chicken manure. Because the unloading of chicken dung was a violation of La Trinidad Municipal Ordinance No. 1-91, the lieutenant ordered the truck driver to return from where he came, but petitioner, in defiance of such lawful order, commanded the truck driver to return to Shilan, the place where the truck was first intercepted, and on being informed that the same truck had returned, the lieutenant had every

reason to assume it did return for the purpose of unloading its cargo of chicken dung, thus stopped it from doing so. People vs. Abalos, 258 SCRA 523 Facts: In the evening of March 20, 1983, while accused Tiburcio Abalos and his father, Police Major Cecilio Abalos, were having a heated argument, a woman shouted Police officer, help us! Somebody's making trouble here." The victim, P/Pfc. Labine, then appeared at the scene and asked Major Abalos, "What is it, sir?" The victim saluted Abalos when the latter turned around to face him. As Major Abalos leveled his carbine at Labine, accused hurriedly left and procured a piece of wood, about two inches thick, three inches wide and three feet long, from a nearby Ford Fiera vehicle. He then swiftly returned and unceremoniously swung with that wooden piece at Labine from behind, hitting the policeman at the back of the right side of his head. Labine collapsed unconscious in a heap, and he later expired from the severe skull fracture he sustained from that blow. The trial court found the accused guilty beyond reasonable doubt of the complex crime of direct assault with murder. Issue: Whether or not the trial court erred in finding appellant guilty beyond reasonable doubt of the complex crime of direct assault with murder. Held: No. There are two modes of committing atentados contra la autoridad o sus agentes under Article 148 of the RPC. The first is not a true atentado as it is tantamount to rebellion or sedition, except that there is no public uprising. On the other hand, the second mode is the more common way of committing assault and is aggravated when there is a weapon employed in the attack, or the offender is a public officer, or the offender lays hands upon a person in authority. Appellant committed the second form of assault, the elements of which are that there must be an attack, use of force, or serious intimidation or resistance upon a person in authority or his agent; the assault was made when the said person was performing his duties or on the occasion of such performance; and the accused knew that the victim is a person in authority or his agent, that is, that the accused must have the intention to offend, injure or assault the offended party as a person in authority or an agent of a person in authority. Here, Labine was a duly appointed member of the then INP in Catbalogan, Samar and, thus, was an agent of a person in authority pursuant to Article 152 of the RPC. There is also no dispute that he was in the actual performance of his duties when assaulted by appellant, that is, he was maintaining peace and order during the fiesta in Barangay Canlapwas. Appellant himself testified that he personally knew Labine to be a policeman and, in fact, Labine was then wearing his uniform. These facts should have sufficiently deterred appellant from attacking him, and his defiant conduct clearly demonstrates that he really had the criminal intent to assault and injure an agent of the law. When the assault results in the killing of that agent or of a person in authority for that matter, there arises the complex crime of direct assault with murder or homicide. The killing in the instant case constituted the felony of murder qualified by alevosia through treacherous means deliberately adopted Pfc. Labine was struck from behind while he was being confronted at the same time by appellant's father. The evidence shows that appellant deliberately went behind the victim whom he then hit with a piece of wood which he deliberately got for that purpose.