Case Digest (G.R. No. L-11847) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In The United States vs. Gelasio Tabiana and Julian Canillas (G.R. No. 11847, February 1, 1918), the appellants were prosecuted for “attack upon agents of public authority” under Article 249, in connection with Article 250(2), of the Penal Code (Act No. 381). On February 23, 1915, in Leon, Iloilo, Councilor Gelasio Tabiana and his brother-in-law, Justice of the Peace Julian Canillas, lived together above Tabiana’s tienda. Earlier that day, a local neighbor secured a warrant from Canillas charging Tabiana with a minor cattle trespass; two policemen, Emiliano Callado and Baltazar Cabilitasan, served this warrant. Tabiana agreed to report later at the municipal building but, when summoned at night, he twice evaded or delayed the officers—first by entering the market, insisting on seeing the warrant, then by going to his home. Upon a third police mission to his residence, Tabiana allegedly refused to surrender the warrant, struck Callado in the breast, and was forcibly restrained. C Case Digest (G.R. No. L-11847) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Positions
- Gelasio Tabiana
- Municipal councilor of Leon, Iloilo; twice municipal president; candidate for reelection.
- Julian Canillas
- Justice of the peace of Leon; brother-in-law and housemate of Tabiana.
- Origin of Warrant and Initial Service
- Complaint for cattle trespass filed by neighbor before Canillas; warrant issued for Tabiana and herdsman.
- Policemen Emiliano Callado and Baltazar Cabilitasan served warrant about 4 p.m.:
- Tabiana agreed to report later at the municipal building with herdsman.
- At 6 p.m., acting on chief of police’s orders, policemen compelled Tabiana to accompany them.
- En route, Tabiana broke away into the market; after showing the warrant, he pocketed it and led police to an empty municipal building; angered, he returned home with friends.
- Renewed Arrest Attempt and Altercation
- Chief of police dispatched Callado, Cabilitasan, and Leon Cajilig to recover the warrant and arrest Tabiana.
- In Tabiana’s tienda under his residence:
- Tabiana denied having the warrant; friend shouted threat of a “beating.”
- Tabiana struck Callado in the chest; Callado seized Tabiana’s wrist; bystanders intervened to rescue him.
- Canillas arrived excited, struck Callado on the back, and ordered the policemen away.
- Policemen withdrew amid threats of further resistance.
Issues:
- Did Tabiana and Canillas commit the offense of assault upon agents of public authority under article 249, second paragraph, in connection with aggravating facts in article 250(2), Penal Code?
- If not, should their conduct be qualified as resistance and serious disobedience under article 252, Penal Code?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)