G.R. No. 36595 - People vs. Acierto

The People of the Philippine Islands prosecuted Leon Acierto for assault upon a public officer under the old Penal Code.
The Court of First Instance of Ilocos Norte convicted the accused, finding the mitigating circumstance of passion and obfuscation, not offset by any aggravating circumstance.
The trial court sentenced Leon Acierto to two years, eleven months, and eleven days of prision correccional, a fine of 1,000 pesetas, accessory penalties, subsidiary imprisonment at the rate of one day for every P2.50 in case of insolvency, and costs.
Leon Acierto appealed, assigning errors: that he acted in self-defense; that the court erred in finding him guilty under article 251 in connection with the last paragraph of article 250 of the old Penal Code; and that he should be acquitted.

On the morning of March 2, 1931, at about 10:00 a.m., Hipolito Velasco, postmaster of Bacarra, Ilocos Norte, was in his office counting two rolls of twenty-peso bills totaling P4,000.
Leon Acierto entered the office unobserved, stood behind Velasco, and took one roll of money; Velasco caught his hand and recovered the money, telling him, "Get out of here, Lawyer, because we have plenty of work."
Acierto moved away but returned; Velasco put the money in the safe, took the office key, and repeatedly ordered Acierto to leave; Acierto refused each time.
Velasco approached and took hold of Acierto's left hand to conduct him outside; Acierto struck Velasco in the right eye with his fist, then again in the right frontal region and below the left eye.
A policeman and office companions intervened. Velasco sustained ecchymoses in the left eye orbit and the frontal region which required seven days to heal.

Whether Hipolito Velasco, as municipal postmaster discharging duties, is merely a public officer or an agent of a person in authority for purposes of the Penal Code.
Whether the acts of Leon Acierto constitute assault upon an agent of a person in authority under the last paragraph of article 250 in connection with paragraph 2 of article 249, or instead constitute assault upon a public officer under article 251.
Whether the physical injuries inflicted upon the offended party constitute a separate crime under article 587 (slight physical injuries) or are inherent in the assault offense.

Whether Leon Acierto acted in lawful self-defense in preventing or repelling the alleged unlawful attack by Hipolito Velasco.
Whether the mitigating circumstances found by the trial ...(Subscriber-Only)