GR 260109; (April, 2023) (Digest)
G.R. No. 260109, April 12, 2023
Rochard Balsamo y Dominguez, Petitioner, vs. People of the Philippines, Respondent.
FACTS
On February 10, 2016, Police Officer 3 Policarpio Adalim III (PO3 Adalim), in civilian clothes, responded with PO1 Gerome Tare to a call from his brother, Dexter Cris Adalim, who reported being punched and threatened by their drunk neighbor, Rochard Balsamo. Upon arrival at the scene, PO3 Adalim saw Rochard about to charge at Dexter. PO3 Adalim shouted to stop and introduced himself as a police officer. Rochard ran towards his house. PO3 Adalim chased him, held his right arm, but Rochard punched PO3 Adalim in the chest. Rochard then entered his house and slammed the gate shut, injuring PO3 Adalim’s fingers, resulting in slight abrasions and swelling. Rochard was charged with Direct Assault under Article 148 of the Revised Penal Code. The Municipal Trial Court in Cities (MTCC) found him guilty, a ruling affirmed by the Regional Trial Court (RTC) and the Court of Appeals (CA). Rochard appealed to the Supreme Court, arguing his acts constituted only resistance or disobedience, not direct assault.
ISSUE
Whether the acts committed by petitioner Rochard Balsamo constitute the crime of Direct Assault under Article 148 of the Revised Penal Code or the lesser crime of Resistance and Disobedience under Article 151.
RULING
The Supreme Court modified the CA decision. It ruled that Rochard Balsamo is guilty not of Direct Assault but of Resistance to an agent of a person in authority under Article 151 of the Revised Penal Code. The Court held that for direct assault, the force employed must be serious, of such gravity as to signify defiance or contempt of authority. The circumstances—Rochard punching PO3 Adalim once in the chest and slamming a gate which caught the officer’s fingers, causing slight injuries—did not constitute serious force. The act was a spontaneous reaction to being chased, not a dangerous or grave attack signifying defiance. The Court sentenced Rochard to three months of arresto mayor and a fine of PHP 500.00.