G.R. No. L-4346

FACTS:
A fight occurred between Mariano Pescador, the defendant-appellant, and Brigido Ribad, a municipal policeman. The specific crime charged against Pescador was atentado contra los agentes de la autoridad (assault against agents of authority), defined in Article 249 of the Penal Code. The central dispute was whether Pescador initiated the fight. The judgment of the court below found Pescador guilty, leading to his appeal.

ISSUE:
Was it proven beyond a reasonable doubt that Mariano Pescador was the aggressor in the fight with the municipal policeman, thereby constituting the crime of atentado contra los agentes de la autoridad?

RULING:
The Supreme Court, in its decision dated February 29, 1908, agreed with the Attorney-General after an examination of the evidence that it was not proven beyond a reasonable doubt that Mariano Pescador was the aggressor. The Court held that if the policeman attacked Pescador, the latter was justified in defending himself, and such an act of defense could not constitute the crime of atentado contra los agentes de la autoridad. Consequently, the judgment of the court below was reversed, and Mariano Pescador was acquitted.