Case Summary (G.R. No. L-31890)
Factual Background of the Incident
In the early hours of January 12, 2007, uniformed PO2 Navarro and SPO3 Merza responded to a reported fight among two groups of women at GenX Billiard Hall. They introduced themselves and attempted to pacify the melee, then invited the participants to the station to file complaints. An intoxicated Mallari refused, grabbed Navarro’s collar, slapped his cheek, and kicked his legs repeatedly. The officers restrained and transported her to the station, where she was detained for Direct Assault.
Prosecution’s Evidence and Testimony
PO2 Navarro testified that Mallari knowingly assaulted him while he was in uniform and performing official duties, sustaining swelling of the right cheekbone. SPO3 Merza corroborated Navarro’s account in a joint affidavit, describing Mallari’s resistance, disrespectful utterances, and repeated kicks and slaps. Dr. Rolando Ortiz issued a medical certificate confirming Navarro’s minor facial injury.
Defense’s Evidence and Testimony
Mallari admitted involvement in the brawl but claimed the officers used excessive force in placing her inside the patrol car, causing her own injuries (contusions and abrasions on forearms and back). She denied initiating aggression, alleging Navarro pulled her by her blouse and legs, resulting in her head and buttocks striking the ground. She later sought medical attention and filed a complaint for maltreatment, which was dismissed.
Municipal and Regional Trial Court Decisions
The Municipal Trial Court (Sept. 5, 2013) found Mallari guilty of Direct Assault (RPC Art. 148) beyond reasonable doubt, emphasizing her admission to kicking and grabbing Navarro. The Regional Trial Court (July 30, 2014) affirmed, citing the credibility of prosecution witnesses and the insufficiency of Mallari’s denials.
Court of Appeals Ruling and Modification
The Court of Appeals (Oct. 27, 2015) dismissed Mallari’s petition, affirmed the RTC decision, but modified the penalty to an indeterminate term (two months arresto mayor to two years four months prision correccional) and reduced the fine to ₱500. The CA held Mallari was the aggressor and Navarro acted only to restrain her.
Issue on Certiorari
Mallari challenged the CA’s factual findings, contending Navarro’s minor cheek swelling contradicted the alleged repeated kicks and slaps, and asserting her resistance was justified by unlawful aggression on her dignity. The People argued the petition raised factual questions unreviewable under Rule 45 and maintained the assault was established.
Legal Distinction Between Direct Assault and Resistance
Under RPC Art. 148 (Direct Assault), serious force or intimidation against a person in authority is required. Jurisprudence distinguishes direct assault from resistance or disobedience (RPC Art. 151) based on the gravity of force empl
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Facts
- On January 12, 2007 at about 6:45 a.m., two groups of women were fighting on the ground floor of GenX Billiard Hall, Gordon Avenue, Olongapo City.
- PO2 Richard F. Navarro and SPO3 Melanio Merza, both in uniform and on official duty, responded to pacify the melee.
- A visibly intoxicated Jonah Mallari y Samar refused to go to the police station, shouting “Wala kayo pakialam sa akin, hindi ako sasama sa inyo.”
- Mallari grabbed PO2 Navarro’s collar, slapped his right cheek several times, and kicked his legs repeatedly.
- The officers restrained Mallari, placed her at the back of the patrol car, and detained her for direct assault; the incident was recorded in the blotter.
- Navarro was treated at James Gordon Memorial Hospital and sustained swelling on the zygomatic (cheekbone) area.
- Mallari later underwent a medical exam, revealing multiple contusions on both forearms, an abrasion on the interscapular area, and swelling of the left thenar eminence.
- Mallari filed a counter-complaint against PO2 Navarro and SPO3 Merza for unlawful arrest, illegal detention, maltreatment, and physical injuries, which was eventually dismissed.
Procedural History
- May 31, 2007: Information filed against Mallari for direct assault under Article 148 of the Revised Penal Code (RPC).
- September 5, 2013: Municipal Trial Court (MTC) of Olongapo City found Mallari guilty of direct assault upon an agent of a person in authority; sentenced to prision correccional (medium period) of 3 years, 6 months, 21 days to 4 years, 9 months, 10 days, and fine of ₱1,000.
- July 30, 2014: Regional Trial Court (RTC) Branch 74 affirmed the MTC decision, finding all elements of direct assault proven and rejecting Mallari’s defenses.
- Octobe