Case Digest (G.R. No. 47956)
Facts:
The People of the Philippines v. Fernando C. Quebrai, G.R. No. 47956. August 05, 1942, the Supreme Court En Banc, Paras, J., writing for the Court.The prosecution charged Fernando C. Quebrai and others (defendants-appellees) with feloniously assaulting Dr. Jose R. Sison, identified as the president of the 6th sanitary division, on or about July 12, 1940, while Sison was allegedly engaged in the performance of his official duties, inflicting several physical injuries. The information invoked the offense of assault upon a person in authority under Article 148 of the Revised Penal Code.
Before the Court of First Instance of Pangasinan, the defendants moved to quash the information on the ground that the president of a sanitary division is not a "person in authority" nor an agent of such a person within the meaning of Article 148; the trial court sustained the motion and quashed the information. The Solicitor-General (on behalf of the People) appealed the order to the Supreme Court, contending the lower court erred in its legal characterization of the sanitary-division president.
The Supreme Court, on review, considered whether the president of a sanitary division fell within Article 148’s protection as a person in authority or, alternatively, as an agent of a person in authority, and whether the Court of First Instance therefore erred in quash...(Subscriber-Only)
Issues:
- Is the president of a sanitary division a "person in authority" within the meaning of Article 148 of the Revised Penal Code?
- If not strictly a person in authority, is the president of a sanitary division at least an agent of a person in authority within the mean...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)