G.R. No. 13658 - People vs Gumban

Nicomedes Gumban was charged with the crime of assault upon agents of authority, specifically for willfully, unlawfully, and criminally attacking Petronilo Gumban, municipal president of Jaro, Iloilo, by slapping him on the face on or about August 13, 1917.
This act was alleged to have occurred while Petronilo Gumban was performing his official duties, constituting a violation of Article 250 of the Penal Code.

On the morning of August 13, 1917, Petronilo Gumban was inspecting animal quarantine in barrio Pavia, Jaro, Iloilo.
Petronilo received information from councilor Magdaleno Suliano regarding the animal conditions in the barrio.
Tenant Gregorio Ismaña reported to them that he had seized a carabao belonging to Policarpio Gumban, who was destroying a planted area owned by Suliano. The carabao was taken to the police station at Pavia, within the quarantine zone.
Epifanio and Nicomedes Gumban, brothers of Policarpio, protested to Petronilo that the carabao's seizure was improper since it was within the quarantine zone.
Petronilo responded that Ismaña was correct but promised to check with the quarantine authorities to potentially release the animal the following day.
Upon hearing Petronilo’s statement, the accused Nicomedes insulted him and slapped him on the left ear.

The lower court found Nicomedes Gumban guilty of assault upon an agent of authority.
He was sentenced to 3 years, 4 months, and 8 days of prision correccional, fined P600, with subsidiary imprisonment upon insolvency, and ordered to pay court costs.
The defendant appealed the decision.

Article 249 of the Penal Code defines assault as including attacking or laying hands upon persons in authority engaged in official duties.
Article 250 prescribes penalties when an assault is committed by laying hands upon a person in authority.

The Court referenced Spanish Supreme Court jurisprudence which considers a slap as laying hands on a person in authority.
The case distinguished between assault upon agents of authority (requiring serious force) and assault upon persons in authority, where mere laying of hands suffices.
It noted previous decisions (U.S. vs Tabiana and Canillas; U.S. vs Cipriano Agustin) where slight force was not deemed assault on agents of authority due to the degree of force applied.
Here, as the victim was a municipal president (person in authority), the law’s definition of force - laying hands - was fulfilled by the slap.
The information contained a mischaracterization by describing Petronilo Gumban as an "agent" rather than a "person in authority," but this did not affect the validity of the charge.

Whether the slap given by Nicomedes Gumban to the municipal president constitutes assault upon a person in authority under Articles 249 and 250 of the Penal Code.
Whether the facts established the crime of assault upon an agent of authority or assault upon a person in authority.
Whether the penalty imposed by the trial court was appropriate under the circumstances and applicable law.
Whether the misdesignation of the offended party as an agent of authority rather than a person in authority affects the validity of the information and conviction.