Rivera vs People (Garcia, 2005) o Second, by any person or persons who, without a public

uprising, shall attack, employ force, or seriously intimidate or

PROVISION: Art. 148 – Direct Assault
FACTS:
Lt. Leygo, who was the Deputy Chief of Police of La Trinidad, Benguet, and
his police team was conducting patrol aboard a police car where somewhere
in Shilan, La Trinidad, they encountered a truck unloading sacks of chicken
dung along the highway. Leygo alighted from the car and advised the driver to
stop the unloading the dung as it violates a local ordinance prohibiting the
loading and unloading of manure along sidewalk or roads. The policemen then
escorted the truck back to Poblacion, La Trinidad.
Not long after, SPO1 Bancado and Dayap, as they were conducting another
patrol, encountered the same truck loaded with chicken dung in same place
where they were earlier apprehended. They stopped the truck and informed
Leygo. Feeling insulted despite his earlier warning, Leygo proceeded to the
incident.
Before Leygo arrived, the accused, Enrique Rivera, who was the boss of the
truck driver, arrived and ordered the truck driver to not obey the policemen.
Concurring with his boss’ orders, the driver resumed driving. Before being able
to leave, Leygo arrived and confronted the driver and Rivera. Leygo asked
them why they are insisting on defying the ordinance, but Rivera merely
answered back with insulting words (“Babalian kita ng buto”, “Ilalampaso kita”,
“Pulis ka lang”). Despite receiving warnings from Leygo to take it easy and that
he will be arrested for violating the ordinance, Rivera took a fighting stance
and punched Leygo on the face. They grappled with each other and Rivera
was soon subdued by the policemen.
resist any person in authority or any of his agents, while
engaged in the performance of official duties, or on occasion
of such performance.
 Clearly, Rivera’s act fall under the second instance.
 Witnesses of the crime were credible, thus there is no need to reverse
the decision of the lower courts.
ISSUE #2: W/N Leygo was in the performance of his official duties as a police
officer at the time he was attacked – YES
 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 the
ordinance.
o Leygo ordered the truck driver to return from where he came,
but Rivera, 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, Leygo had every reason to assume it did return
for the purpose of unloading its cargo of chicken dung, thus
stopped it from doing so.

*VERSION OF RIVERA – Leygo was drunk and it was he who directed several
insults towards Rivera. Furthermore, it was allegedly Leygo who slapped and
punched him in the stomach.

RTC and CA convicted Rivera of direct assault. Thus this current petition.

ISSUE #1: W/N the crime committed was direct assault – YES

 Direct assault, a crime against public order, may be committed in two

ways
o 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