Case Digest (G.R. No. 38226)
Facts:
The People of the Philippine Islands v. Luis Lapitan and Dalmacio Lapitan, G.R. No. 38226, November 17, 1933, the Supreme Court, Vickers, J., writing for the Court (Avancena, C.J., Street, Abad Santos, and Butte, JJ., concurring). The appellants are Luis Lapitan and Dalmacio Lapitan (with Gaudencio Lapitan also charged but later acquitted); the People prosecuted them for assaulting a municipal policeman who was acting as a deputy sheriff ex oficio while in possession of levied palay.On December 10, 1931 a justice of the peace in Cabanatuan issued an order of execution in favor of Laureana Aves against Pedro Ablao for 60 cavans of palay, returnable within sixty days. The writ was served on Ablao on January 8, 1932. On January 14, 1932 Luis Lapitan filed a third-party claim with the provincial sheriff to the palay. Because the judgment creditor delayed in furnishing an indemnity bond demanded by the provincial sheriff, the sheriff directed the municipal chief of police of Rizal (a deputy sheriff ex oficio under law) to deliver the palay to the third-party claimant; accordingly, on January 20, 1932 municipal policeman Juan Sambrano, acting under instructions of the chief of police, delivered the palay to Luis Lapitan, receipt being exhibited.
After the creditor later furnished the indemnity bond, the provincial sheriff directed the chief of police of Rizal to retake possession of the palay. The chief of police reported that the palay had already been delivered to the third-party claimant, but the sheriff again ordered retaking of the property on January 25, 1932, directing the chief of police as deputy sheriff ex oficio to seize it. On January 29, 1932 the acting chief of police sent Juan Sambrano to watch the palay. The Lapitans arrived with two carts; an altercation ensued when Sambrano asserted that they had no right to take the palay without a court order. Dalmacio Lapitan struck Sambrano with his fist, Luis Lapitan threatened him with a gun, and the three defendants pushed Sambrano aside and removed the palay.
At the trial in the Court of First Instance of Nueva Ecija, Judge E. V. Filamor found Luis and Dalmacio Lapitan guilty of violating Article 151 of the Revised Penal Code and sentenced each to two months and one day of arresto mayor, a fine of P150 (with subsidiary imprisonment if insolvent), and payment of one-third of costs; Gaudencio Lapitan was acquitted. The appellants assigned errors challenging the trial court’s refusal to credit their statements and conten...(Pro-only)
Issues:
- Did the trial court err in refusing to credit the defendants’ declarations and in convicting them on the evidence presented?
- Was Municipal Policeman Juan Sambrano lawfully performing an official duty (as deputy sheriff ex oficio) when he was assaulted, such that Article 151 of the Revised Penal Code applied?
- Could the chief of police, as deputy sheriff ex oficio, lawfully delegate execution of the seizure to a municipal policeman under the Revised Administrative Code?
- Did the appellants’ acts warrant the more severe penalty under Article 1...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)