Case Digest (G.R. No. 208336)
Facts:
Rochard Balsamo y Dominguez v. People of the Philippines, G.R. No. 260109, April 12, 2023, Supreme Court Second Division, Lopez, M., J., writing for the Court.On February 10, 2016 at about 4:30 p.m., Dexter Cris Adalim called his brother Police Officer 3 Policarpio S. Adalim III (PO3 Adalim) to report that their neighbor, Rochard Balsamo (petitioner), had punched and threatened Dexter. PO3 Adalim and Police Officer 1 Gerome Tare (PO1 Tare), both in civilian clothes as members of the Intelligence Branch, went to the scene. Upon arrival PO3 Adalim shouted for the fight to stop and identified himself as a police officer; petitioner fled toward his house, was pursued by PO3 Adalim, and was grabbed by the arm. Petitioner punched PO3 Adalim in the chest; petitioner then slammed his gate, which reportedly struck and trapped the officer’s fingers, causing slight abrasions and swelling.
Petitioner was charged with direct assault under Article 148 of the Revised Penal Code before the Municipal Trial Court in Cities (MTCC). He denied knowledge that his assailants were police officers and claimed he acted defensively and only sought to evade arrest. On May 4, 2020 the MTCC convicted petitioner of direct assault, finding the officers had identified themselves and were performing official duties. Petitioner appealed to the Regional Trial Court (RTC), which on December 29, 2020 affirmed the MTCC decision, emphasizing that PO3 Adalim’s chase and attempt to interrogate participants amounted to performance of duty and that petitioner’s resistance demonstrated intent.
Petitioner filed a petition for review with the Court of Appeals (CA) in CA G.R. SP No. 10207-MIN; the CA, in a Decision dated November 11, 2021, likewise affirmed the RTC and MTCC, holding that the elements of direct assault were proven and the force employed was serious enough to sustain a conviction under Article 148. The CA’s resolution (March 22, 2022) denied reconsideration. Petitioner then filed this Petit...(Subscriber-Only)
Issues:
- Did petitioner commit direct assault punishable under Article 148 of the Revised Penal Code?
- If not, what is the proper offense and corresponding penalty under the Revised Pe...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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