G.R. No. 36595 ; November 28, 1932
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. LEON ACIERTO, defendant-appellant.

FACTS

The accused, Leon Acierto, entered the post office of Bacarra, Ilocos Norte, while the postmaster, Hipolito Velasco, was counting money. After being repeatedly asked to leave, Acierto refused. When Velasco took hold of Acierto’s hand to escort him out, Acierto struck Velasco multiple times, causing ecchymosis that healed in seven days. The trial court convicted Acierto of assault upon a public officer under the old Penal Code.

ISSUE

Whether the postmaster is considered merely a public officer or an agent of a person in authority, and whether the slight physical injuries are separate from or inherent in the assault.

RULING

The Supreme Court modified the trial court’s judgment. It held that a municipal postmaster is an agent of a person in authority, as the Director of Posts is a person in authority. Therefore, the crime committed is assault upon an agent of a person in authority under the old Penal Code. The slight physical injuries are inherent in the act of assault and do not constitute a separate crime. Applying the more favorable penalty under the Revised Penal Code (Article 148), the Court sentenced Acierto to prision correccional of one year, one month, and eleven days, and a fine of P100, with subsidiary imprisonment in case of insolvency.

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