G.R. No. L-20216 - People vs. Balbar

On August 20, 1960, in Barrio Cumba, Lian, Batangas, defendant-appellee Tiburcio Balbar entered the classroom of public school teacher Ester Gonzales. Immediately after Gonzales had finished writing on the blackboard, Balbar placed his arms around her and kissed her on the eye.
Shocked, Gonzales pushed him away and attempted to flee. Balbar drew a local dagger (“daga”), pursued her, caught up before she could exit, embraced her again while still holding the dagger. Both fell to the floor, causing Gonzales slight injuries.

Criminal Case No. 823 for Direct Assault Upon a Person in Authority (Art. 148, RPC), charging assault of the teacher while performing official duties, aggravated by commission inside a school building during class.
Criminal Case No. 841 for Acts of Lasciviousness (Art. 336, RPC), charging willful embrace and kiss by force resulting in bodily injury, aggravated by occurrence inside a public school during class hours.

Defendant moved to quash both informations, contending that No. 823 failed to state a cause of action and charged two offenses in one count, and that No. 841 subjected him to double jeopardy and likewise charged multiple offenses.

It held that the acts alleged in No. 823 at most constituted unjust vexation or physical injuries—matters within the Justice of the Peace’s jurisdiction—and that an essential element of Direct Assault (knowledge that victim was a person in authority) was not sufficiently alleged.
It quashed No. 841 on the ground that Acts of Lasciviousness was absorbed in the offense charged in No. 823.

Whether the Court of First Instance erred in quashing the information for Direct Assault Upon a Person in Authority on grounds of jurisdictional insufficiency and failure to allege the accused’s knowledge of the victim’s authority.
Whether the Court of First Instance correctly quashed the information for Acts of Lasciviousness on the ground that the offense was absorbed in the Direct Assault charge or did not exist as pleaded.