G.R. No. 231267, February 13, 2023
CELSO PABLO Y GUIMBUAYAN, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

On November 2, 2012, Traffic Enforcers George Barrios and Rolando Belmonte, in complete uniform and on duty implementing traffic rerouting for All Soul’s Day in Marikina City, flagged down a taxi driven by Celso Pablo for entering a closed road with a “No Entry” sign. When asked to surrender his driver’s license for a violation ticket, Pablo refused, stating, “Tikitan mo na lang ako pero hindi ko ibibigay ang aking lisensya sa inyo!” After the enforcers called for assistance and asked Pablo’s passengers to alight, Pablo pulled out a .45 caliber pistol, aimed it at the enforcers, and yelled, “Subukan n’yo! Magkakaputukan tayo!” The enforcers moved away and blocked Pablo’s escape. Responding police officers frisked Pablo, recovered the licensed firearm, and his driver’s license was confiscated. A Uniform Ordinance Violation Receipt was issued for the traffic violation, and Pablo was brought to the police station. Pablo’s defense was denial, claiming he did not see the sign, was asking for directions, did not point his gun, and that the enforcers stole his money. The Metropolitan Trial Court (MeTC) convicted Pablo of the lesser crime of Resistance and Serious Disobedience under Article 151 of the Revised Penal Code, acquitting him of the traffic ordinance violation due to the prosecution’s failure to formally offer the violation receipt. The Regional Trial Court (RTC) reversed the MeTC, convicting Pablo of Direct Assault under Article 148 of the Revised Penal Code. The Court of Appeals affirmed the RTC’s decision.

ISSUE

Whether the Court of Appeals erred in affirming petitioner’s conviction for Direct Assault despite the prosecution’s alleged failure to prove all its elements, particularly that the traffic enforcers were agents of a person in authority, and in disregarding petitioner’s defense of denial.

RULING

The Supreme Court DENIED the petition and AFFIRMED the assailed Court of Appeals Decision and Resolution. Petitioner Celso Pablo y Guimbuayan was found GUILTY beyond reasonable doubt of Direct Assault. The Court held that all elements of the second form of Direct Assault under Article 148 of the Revised Penal Code were present: (1) the assault was committed against a person in authority or his agent; (2) the assault was committed while the victim was engaged in the performance of official duties or on occasion thereof; and (3) the accused knew that the victim was a person in authority or his agent. Traffic enforcers Barrios and Belmonte were considered agents of a person in authority as they were duly appointed public officers charged with the enforcement of traffic laws and ordinances, performing their official duties in uniform at the time of the incident. The presentation of their appointment papers was not indispensable for proof of their status. Pablo’s act of drawing and pointing his gun at them while they were performing their duty, coupled with his threatening utterance, constituted serious intimidation or direct assault, not mere resistance. His bare denial could not prevail over the positive and categorical testimony of the prosecution witness. The penalty imposed by the RTC, an indeterminate prison term of one (1) year and one (1) day to three (3) years, six (6) months and twenty-one (21) days of prison correccional and a fine of P1,000.00, was affirmed.