G.R. No. 1406 : January 6, 1904
THE UNITED STATES, complainant-appellant, vs. ROSCOE C. COX, defendant-appellee.

FACTS:
On February 10, 1903, in Iloilo City, policeman Damaso Gonzales, while on patrol duty, was approached by three American soldiers. The accused, Roscoe C. Cox, one of the soldiers, asked Gonzales if he wanted to fight and, without waiting for a reply, seized him by the throat. Cox, with the aid of his companions, overpowered Gonzales, took his club, and struck him several times, inflicting injuries. Gonzales shouted for help, prompting two citizens to come to his aid, at which point Cox and his companions fled. Gonzales pursued Cox, and with the assistance of another policeman, Sergeant Pedro Carpio, a struggle ensued leading to Cox’s arrest. Witnesses testified that Cox appeared to be intoxicated during the incident. The trial court convicted Cox only of breach of the peace and imposed a fine. The prosecution appealed, contending that the proper crime was assault upon an officer of the law.

ISSUE:
Whether the accused is guilty of the crime of assault upon an officer of the law under Articles 249 and 250 of the Penal Code, and not merely of breach of peace.

RULING:
Yes. The Supreme Court reversed the trial court’s decision. The facts constitute the crime of assault upon an officer of the law, defined under Article 249 of the Penal Code, as the accused employed force against policeman Damaso Gonzales while the latter was performing his official duties without any provocation. The mitigating circumstance of intoxication under Article 9 of the Penal Code was present, with no aggravating circumstances to offset it. Accordingly, the penalty was imposed in its minimum degree. The accused, Roscoe C. Cox, is sentenced to six months and one day of prision correccional, with its accessory penalties, a fine of 375 pesetas (with subsidiary imprisonment in case of insolvency), and payment of costs.