G.R. No. 39840 and 39841. December 23, 1933.
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. GABRIEL HERNANDEZ, defendant-appellant.

FACTS

Gabriel Hernandez, the Provincial Governor of Camarines Norte, was convicted by the Court of First Instance for resistance to agents of persons in authority and arbitrary detention. The charges stemmed from an incident on August 27, 1932, when Provincial Sheriff Amador E. Gomez attempted to execute a writ against Hernandez for a tax delinquency. Hernandez initially promised to pay within 30 days. When the sheriff later went to Hernandez’s house to attach personal property, a confrontation ensued. The prosecution evidence indicated that Hernandez, abusing his public position, ordered the chief of police to arrest and detain the sheriff. Hernandez appealed, arguing the trial court erred in crediting the sheriff’s testimony and in finding the elements of the crimes.

ISSUE

Whether the appellant, Gabriel Hernandez, is guilty of the crimes of resistance to an agent of a person in authority and arbitrary detention.

RULING

No. The Supreme Court reversed the trial court’s judgments and acquitted Hernandez. The Court found that the provincial sheriff exceeded his authority in the performance of his duties by forcing his way into the upper story of Hernandez’s house despite being warned the door was barred. Under these circumstances, Hernandez’s act of resistance and his request for the sheriff’s arrest constituted a legitimate right to defend himself against an abuse of authority. The arrest was a mere incident of this defense. Therefore, Hernandez was not guilty of the offenses charged.

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