G.R. No. 6649 - The United States vs. Isaac Samonte

The case involves the defendant, Isaac Samonte, who was charged with criminal attempt against an agent of the authorities.
The incident occurred in the Province of Tayabas, specifically involving events in the barrio of Macalalong, jurisdiction of Pitogo.

Around 8:00 o’clock in the evening, Isaac Samonte and Basilio Rabe were together at the house of Demetrio Pandenio.
After leaving the house, the two met in the street (Verdades Street) where a quarrel ensued.
During the quarrel, Samonte pushed or knocked Rabe down and began to maltreat him.

Rabe called out “police! police!” which alerted the local law enforcement.
Gregorio Glindo, a municipal policeman of Pitogo, on patrol duty, heard the outcry and immediately proceeded to the scene.

On arrival, the policeman found Rabe recovering from his fall as Samonte was involved in the altercation.
Glindo commanded Samonte to halt, stating, “In the name of the United States, don’t move.”
Samonte retorted by threatening, “Don’t come near, because I will take your life.”
As the officer advanced closer, Samonte struck at him with a knife, causing the arrest attempt to fail at that moment.

Unable to detain Samonte immediately, Glindo proceeded to the house of the local councilman, Demetrio Pandenio, to report the incident.
Following the councilman’s order to arrest Samonte, Glindo returned to the field accompanied by Pandenio.
They located Samonte in an area called Mutingbayan where another attempt to detain him was made.
During this second encounter, as Glindo tried to apprehend Samonte, the defendant again resisted by striking the policeman with his knife.

Samonte did not physically harm or touch either the policeman or the councilman with his knife.
He refused to submit himself to the authority of the officers and actively resisted arrest.
Additionally, although there was disturbance involving a priest who cried for help, the officer did not observe any direct assault on the priest.
The cries (“police! police!”) from the priest further supported the need for intervention by the authorities.

It is established that an officer charged with preserving public peace may arrest without a warrant any person committing or having committed a breach of the peace in his presence.
The jurisprudence cited (e.g., 3 Cyc, 881; Carolina vs. McAfee; Commonwealth vs. Tobin; People vs. Rounds; Douglas vs. Barber) supports this authority.
The rule also covers situations where the offense is ongoing or not yet consummated at the time of the arrest.

Under Article 249 of the Penal Code, criminal attempt includes attacking the authorities or their agents, using force against them, or gravely intimidating them.
Article 250 specifies the penalties for those who attempt an offense against the authorities or their agents.
In this case, Samonte’s refusal to submit and his use of a knife against the policeman falls within the ambit of criminal attempt as provided by law.

Whether the prosecution failed to establish, beyond a reasonable doubt, that the policeman, Gregorio Glindo, attempted to arrest Samonte at the specific location (Verdades Street) where the incident took place.
Whether the absence of a judicial warrant for the arrest affected the lawfulness of the policeman’s actions in attempting to arrest the defendant.

Whether Samonte’s actions, particularly his use of a knife and resistance to arrest, constituted criminal attempt against an agent of the authorities as defined by Articles 249 and 250 of the Penal Code.
Whether the nature of the resistance—despite no physical harm to the officers—suffices to establish criminal responsibility for attempt and grave resistance.

Whether the common law and the cited authorities (e.g., 3 Cyc, 886; Ramsey vs. State; Dilger vs. Com.; State vs. McAfee; State vs. Williams; Hawkins vs. Lutton) support the officer's authority to arrest without a warrant under the circumstances described.