Case Summary (G.R. No. L-20216)
Key Dates
- Incident: August 29, 1960
- Lower Court Quash Order: August 16, 1962
- Supreme Court Decision: November 29, 1967
Applicable Law
- 1935 Philippine Constitution
- Revised Penal Code
• Article 148 (Direct Assault Upon a Person in Authority)
• Article 336 (Acts of Lasciviousness) - Commonwealth Act No. 578 (now codified as Article 152, RPC)
Allegations and Informations
- Criminal Case No. 823 (Direct Assault)
• Accused entered Gonzales’s classroom, placed arms around her, kissed her, displayed a local dagger (“daga”), pursued her, caused physical injury.
• Charged as assault upon a person in authority, with aggravation for commission during school hours and inside a school building. - Criminal Case No. 841 (Acts of Lasciviousness)
• Same factual setting, alleged deliberate intent to satisfy lust by embracing and kissing the teacher against her will, resulting in minor injuries.
• Charged with lascivious acts, aggravated by venue and time.
Lower Court Proceedings
- Respondent moved to quash both informations, alleging:
- Case 823 failed to state a sufficient cause of action and improperly joined two offenses.
- Case 841 subjected him to double jeopardy and charged two offenses.
- The Court of First Instance quashed both informations:
• Case 823 deemed at most “unjust vexation” (i.e., physical injuries within Justice of the Peace jurisdiction) for lack of allegation that the accused knew the victim was in authority.
• Case 841 held absorbed in Case 823 and therefore dismissed. - Government appealed.
Issues on Appeal
- Whether the information in Case 823 properly sustains the charge of Direct Assault Upon a Person in Authority.
- Whether the acts alleged in Case 841 constitute Acts of Lasciviousness under Article 336, RPC.
Supreme Court Analysis on Direct Assault
- Article 148, RPC, punishes assault or intimidation of any person in authority while performing official duties.
- Commonwealth Act No. 578 explicitly classifies public school teachers as persons in authority under Article 148.
- Knowledge that the victim is a person in authority is a matter of law, not fact; presence in the classroom during official duties suffices to charge that the accused knew her status.
- The absence of an express averment of knowledge in the information does not invalidate the charge.
- Conclusion: The lower court erred in quashing Case 823; the information states a valid cause of action for Direct Assault Upon a Person in Authority.
Supreme Court Analysis on Acts of Lasciviousness
- Article 336, RPC, punishes lewd or lascivious conduct, to be determined by surrounding circumstances.
- Embrace and kiss in a public schoolroom, before students and colleagues, do not manifest a
Case Syllabus (G.R. No. L-20216)
Facts
- On August 20, 1960, defendant‐appellee Tiburcio Balbar entered the classroom of Miss Ester Gonzales, a public school teacher, in Barrio Cumba, Municipality of Lian, Province of Batangas.
- Immediately after Miss Gonzales finished writing on the blackboard, Balbar placed his arms around her and kissed her on the eye without warning.
- Startled, the teacher instinctively pushed him away and tried to flee, whereupon Balbar drew his “daga” (local dagger), pursued her, and caught up before she could exit the room.
- He then embraced her again while still holding the dagger; both fell to the floor, and Miss Gonzales sustained slight injuries.
Procedural History
- Two criminal informations were filed in the Court of First Instance of Batangas by the Assistant Provincial Fiscal:
• Criminal Case No. 823 for Direct Assault Upon a Person in Authority.
• Criminal Case No. 841 for Acts of Lasciviousness. - The Direct Assault information alleged willful, unlawful, and felonious assault on a duly appointed public school teacher during class hours inside the school building, with the aggravating circumstance of location and timing.
- The Acts of Lasciviousness information alleged deliberate intent to satisfy lust by placing himself close to the teacher, embracing and kissing her against her will by force, causing injuries requiring three to four days to heal, committed in a school building during class.
- Defendant moved to quash each information:
• In No