Case Summary (G.R. No. L-22404)
Facts
On September 2, 1947, within the municipal school building of San Enrique, Petitioner confronted Lucrecia L. Bustamante, a teacher-nurse at the public elementary school. Disputing her decision to close a pathway across her property, Petitioner struck her twice in the face with his raincoat and pushed her violently toward a window.
Applicable Law
• 1935 Philippine Constitution (in force at time of decision)
• Revised Penal Code
– Article 148 (Direct Assault)
– Article 152, as amended by Commonwealth Act No. 576 (Definition of “person in authority” including teachers and school supervisors)
Legal Issue I – Status as Person in Authority
Article 152 expressly deems “teachers, professors, and persons charged with the supervision of public … schools” as persons in authority. Bustamante, in her capacity as teacher-nurse providing health instruction and first aid supervision, fell squarely within this definition. Petitioner’s contention that she was not a person in authority is therefore without merit.
Legal Issue II – Occasion of Official Duties
Article 148 criminalizes assault on a person in authority “while engaged in the performance of official duties or on occasion of such performance.” At the moment of the assault, Bustamante was preparing to pierce an earlobe in the school clinic—an activity integral to her health-treatment mission. The Court of Appeals correctly held that the violence occurred during her official functions, rendering the assault punishable under Article 148.
Legal Issue III – Motive and Aggravating Circumstance
Petitioner’s motive—resentment over the pathway closure—does not negate the statutory classification once the assault happens in the course of official duties. Likewise, the appellate court properly regarded the victim’s sex as an aggravating circumstance, justifying the penalty in its medium to maximum range
...continue readingCase Syllabus (G.R. No. L-22404)
Case Citation and Procedural Posture
- Reported in 90 Phil. 228; G.R. No. L-3857; decided October 22, 1951 by Justice Bengzon.
- Appeal by certiorari from the Court of Appeals’ decision convicting the appellant of direct assault upon a person in authority.
- The Supreme Court was called upon to review alleged errors of law in the application of Articles 148 and 152 of the Revised Penal Code.
Facts of the Case
- On September 2, 1947, at the San Enrique Elementary Public School, Negros Occidental, appellant Hilarion Sarcepuedes sought out teacher-nurse Lucrecia L. Bustamante.
- Bustamante had ordered the closure of a pathway cutting across Sarcepuedes’s land, a measure he resented.
- During their confrontation in the school building, Sarcepuedes struck Bustamante twice on the face with his raincoat and violently pushed her toward a window.
- At the moment of assault, Bustamante was about to pierce an earring hole in a pupil’s ear lobe as part of her clinic duties.
Issues Presented
- Whether Lucrecia L. Bustamante, as a teacher-nurse of a public school, qualifies as a “person in authority” under Article 152 of the Revised Penal Code.
- Whether the assault occurred “while engaged in the performance of official duties” or “on occasion of such performance” as required by Article 148.
- Whether the appellant’s motive, alien to Bustamante’s educational functions, precludes application of the enhanced penalty.
Relevant Statutes
- Article 148, Revised Penal Code (Direct Assaults):
• Provides penalties for employing force or intimidation against persons in authority while they perform official duties.
• Medium and maximum periods