JONAH MALLARI Y SAMAR V.

PEOPLE OF THE PHILIPPINES

(G.R. No. 224679, February 12, 2020)

FACTS:

On January 12, 2007 at around 6:45 am the Olongapo Police Station 3 received a report of an altercation
on the ground floor of GenX Billiard Hall on Gordon Avenue. PO2 Navarro and SPO3 Merza, who are
both on duty, went to the scene. Then they found two groups of women fighting and pulling each
other's hair out, among them a visibly drunk Mallari. The officers rushed to stop the fight. Then officers
invite them to the police station to file a complaint but Mallari was of drunkenly kicking the legs and
slapping the face of Police Officer 2 (PO2) Richard Navarro while the latter pacified her during a
squabble at a billiard hall. The incident was entered in the blotter and Mallari was detained for direct
assault. PO2 Navarro was treated at the James Gordon Memorial Hospital for the minor injuries he got
from Mallari. Dr. Ortiz issued him a medical certificate stating that he had sustained swelling on the
zygomatic area or the cheekbone. During the investigation, Mallari’s defense said that the officer held
her feet, pulled her to the ground, and caused her to hit her head, neck, and buttocks. She complained
of unlawful aggression against her honor and dignity. A complaint against PO2 Navarro and SPO3 Merza
for unlawful arrest, illegal detention, maltreatment of prisoners, and physical injuries.

The MTC found Mallari guilty beyond reasonable doubt of direct assault upon an agent of a person in
authority. The RTC affirmed Mallari's conviction in its July 30, 2014 Decision. The Court of Appeals, in its
October 27, 2015 Decision, affirmed with modification the RTC's Decision. Thus, Mallari filed before this
Court a Petition for Review on Certiorari claiming that the Court of Appeals erred in sustaining her
conviction.

ISSUE: Whether or not Mallari committed Direct Assault.

RULING:

No.  petitioner should not be held guilty of direct assault, but rather, of the crime of resistance or
disobedience under Article 151 of the Revised Penal Code.

ARTICLE 151. Resistance and disobedience to a person in authority or the agents of such person.  — The
penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who not
being included in the provisions of the preceding articles shall resist or seriously disobey any person in
authority, or the agents of such person, while engaged in the performance of official duties.

When the disobedience to an agent of a person in authority is not of a serious nature, the penalty
of arresto menor or a fine ranging from 10 to 100 pesos shall be imposed upon the offender.

For this crime to be proven, the two (2) key elements must be shown: "(1) That a person in authority or
his agent is engaged in the performance of official duty or gives a lawful order to the offender; and (2)
That the offender resists or seriously disobeys such person or his agent."
In this case, although the charge is direct assault, the prosecution was able to prove resistance or
disobedience. These offenses have similar elements, varying only as to the degree of seriousness of the
offender's resistance. Direct assault necessarily includes resistance or disobedience. However, to be
considered as direct assault, the laying of hands or the use of physical force against the agent of a
person in authority must be serious.

WHEREFORE, this Court MODIFIES the October 27, 2015 Decision and May 12, 2016 Resolution of the
Court of Appeals in CA-G.R. CR No. 36835. Petitioner Jonah Mallari y Samar is found GUILTY beyond
reasonable doubt of the crime of resistance or disobedience under Article 151 of the Revised Penal
Code. She is sentenced to suffer the penalty of imprisonment of arresto mayor, which covers one (1)
month and one (1) day, as minimum, to six (6) months, as maximum, and a fine not exceeding P500.00.