Case Digest (G.R. No. 231267)
Facts:
In Celso Pablo y Guimbuayan v. People of the Philippines (G.R. No. 231267, February 13, 2023), petitioner Celso Pablo stood charged with two offenses arising from an incident on November 2, 2012 in Marikina City. Two Informations were filed on December 6, 2012: one for Direct Assault under Article 148 of the Revised Penal Code (RPC) for allegedly drawing and pointing his licensed .45 caliber pistol at Traffic Enforcers George Barrios and Rolando Belmonte, and another for violating Section 9(c) of Marikina City Ordinance No. 133, Series of 2006 by entering a closed road bearing a “No Entry” sign. Pablo was arrested on a warrant issued January 3, 2013 but released on recognizance. He pled not guilty, and at trial TE Barrios testified that Pablo refused to produce his driver’s license, brandished a firearm and threatened “Magkakaputukan tayo!” while in uniform and performing official duties. The Metropolitan Trial Court (MeTC) Branch 94, in an August 5, 2015 decision, acquitted himCase Digest (G.R. No. 231267)
Facts:
- Parties, charges, and procedural history
- On December 6, 2012, two Informations were filed against petitioner Celso Pablo y Guimbuayan:
- Criminal Case No. 12-61941 for Direct Assault under Article 148 of the Revised Penal Code (RPC) and
- Criminal Case No. 12-61942 for violation of Section 9(c) of Marikina City Ordinance No. 133, Series of 2006.
- Pablo was arrested on a warrant issued January 3, 2013, later released on recognizance of PO3 Abraham Canapi, and pleaded not guilty at arraignment on March 21, 2013.
- Incident leading to the charges
- On the evening of November 2, 2012, Traffic Enforcers (TE) George Barrios and Rolando Belmonte, in full uniform and on duty near Marikina Bridge, flagged down Pablo’s taxi for entering a closed road despite “No Entry” signage.
- Pablo refused to surrender his driver’s license, drew and pointed a licensed .45 caliber pistol at the enforcers, and yelled threats of gunfire. Police officers responded, frisked Pablo, and recovered the weapon, ammunition, license-to-carry, and driver’s license.
- Trial court proceedings and decisions
- Metropolitan Trial Court (MeTC), Branch 94, Marikina City (Aug 5, 2015)
- Convicted Pablo of Resistance and Serious Disobedience under Art. 151 RPC, sentencing him to one month and one day of arresto mayor plus P100 fine;
- Acquitted him of the city ordinance violation for failure of the prosecution to formally offer the violation receipt.
- Regional Trial Court (RTC), Branch 193, Marikina City (Feb 28, 2016)
- Reversed MeTC; convicted Pablo of Direct Assault under Art. 148 RPC, sentencing him to 1 year and 1 day to 3 years, 6 months and 21 days of prisión correccional plus P1,000 fine.
- Court of Appeals (CA) (Jan 31, 2017; Resolution Apr 6, 2017)
- Affirmed RTC; denied Pablo’s motion for reconsideration.
- Pablo filed a petition for review on certiorari in the Supreme Court.
Issues:
- Whether the Court of Appeals erred in affirming Pablo’s conviction despite alleged failure of the prosecution to prove all elements of the second mode of Direct Assault under Art. 148 RPC.
- Whether the Court of Appeals erred in disregarding Pablo’s defense of denial.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)