JONAH MALLARI Y SAMAR, PETITIONER, V.

PEOPLE OF THE PHILIPPINES,

RESPONDENT.
G.R. No. 224679

Date: February 12, 2020

Topic: Article 151 of the Revised Penal Code

Recit Ready
The Petition for Review questioning the Decision and Resolution of the Court of
Appeals, affirming the MTC and RTC’s conviction of Jonah Mallari y Samar for the
crime of direct assault upon an agent of a person in authority, PO2 Richard Navarro.

That on the January 12, 2007, Olongapo City, the accused while being pacified by PO2
Navarro who in the actual performance of his official duties, that is, responding to the
altercation between 2 groups of women in GenX Billiard in Godon Avenue the accused
was a part of, grabbed the police officer’s collar, slapped him and kicked him multiple
times.

The Supreme Court upheld the findings of facts against the petitioner on the rulings of
the MTC, RTC and CA. However, the Court believes the petitioner should not be held
guilty for direct assault, but rather of the crime of resistance or disobedience under
Article 151 of the RPC. As the crime lacked the first element of the offense under Article
148 of the RPC. The amount of force employed shows the difference between direct
assault and resistance and disobedience. Direct assault against an agent of a person in
authority involves force that is more severe than slapping and punching. The laying of
hands or using physical force when not in serious nature constitutes resistance or
disobedience. Based on the circumstances, petitioner’s resistance and use of force are not
so serious to be deemed as direct assault. And so, the SC ruled that the accused is guilty
of resistance or disobedience under Article 151 of the RPC.

Actors

Petitioner/Accused:
Jonah Mallari Y Samar: was convicted for violating Article 148 of the RPC, later
modified to have violated Article 151 of the RPC

Victim:
Police Officer 2 Richard Navarro: the officer on duty who was unlawfully grabbed by
the collar, slapped and kicked by Mallari.

Legal Bases:
ARTICLE 148. Direct assaults. — Any person or persons who, without a public
uprising, shall employ force or intimidation for the attainment of any of the purposes
enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force
or seriously intimidate or resist any person in authority or any of his agents, while
engaged in the performance of official duties, or on occasion of such performance, shall
suffer the penalty of prision correccional in its medium and maximum periods and a fine
 JONAH MALLARI Y SAMAR, PETITIONER, V. PEOPLE OF THE PHILIPPINES,
RESPONDENT.
G.R. No. 224679

Date: February 12, 2020

Topic: Article 151 of the Revised Penal Code

not exceeding 1,000 pesos, when the assault is committed with a weapon or when the
offender is a public officer or employee, or when the offender lays hands upon a person
in authority. If none of these circumstances are present, the penalty of prision
correccional in its minimum period and a fine not exceeding 500 pesos shall be imposed.
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.

Facts
Prosecution:
1. At around 6:45 a.m. of January 12, 2007, the Olongapo Police Station 3 received
a report of an altercation on the ground floor of the GenX Billiard Hall on Godon
Avenue.
2. PO2 Navarro and SPO3 Merza went to the scene and found two groups of women
fighting and pulling each other’s hair, among them was a visibly drunk Mallari.
3. Officers stopped the fight and asked the women to go to the police station to file
popper complaints.
4. Mallari shouted at them, “Wala kayo pakialam sa akin, hindi ako sasama sa inyu”
and then grabbed PO2 Navarro’s collar, slapped his cheek and kicked him several
times.
5. PO2 Navarro held her by the shoulders to restrain her and brought her to the back
of the patrol car.
6. The incident was entered in the blotter and Mallari was detained for direct assault.
7. PO2 Navarro was treated at James Gordon Memorial Hospital, his medical
certificate shows he sustained swelling on his cheekbone.
8. SPO3 Melanio Merza and Dr. Rolando Mafel Ortiz (issued the medical certificate
to PO2 Navarro) were the prosecution’s witnesses.
Defense:
1. At 6 a.m. of January 12, 2007, Mallari and her co-workers were singing at the
karaoke bar in GenX Billiard Hall when they got into a heated argument with
another group of women, which escalated into a physical altercation. The owner
sent the groups downstairs but the fighting continued.
2. The police then arrived and ordered them to board the patrol car. Mallari initially
obeyed, but seeing that her companions did not, she disembarked from the
vehicle.
3. PO2 Navarro pushed her back in by holding her stomach and by the collar of her
blouse. As she attempted to disembark again, the officer grabbed her by the
ankles, spreading her legs open in the process and pulled her down where she hit
her head and neck on the vehicle’s floor and her buttock’s hitting the ground.
 JONAH MALLARI Y SAMAR, PETITIONER, V. PEOPLE OF THE PHILIPPINES,
RESPONDENT.
G.R. No. 224679

Date: February 12, 2020

Topic: Article 151 of the Revised Penal Code

4. Mallari boarded the car and went with the officers to the police station and was
surprised when PO2 Navarro claimed she slapped him several times.
5. She called her mother and went to the hospital for medical examination and it was
found that she sustained 3 contusions on her left forearm and 1 contusion on her
right, abrasion on her back (interscapular area), and a swelling in her left palm
(specifically the thenar eminence).
6. Mallari filed a Complaint against PO2 Navarro and SPO3 Merza for unlawful
arrest, illegal detention, maltreatment of prisoners and physical injuries. This was
dismissed by the Office of the Prosecutor.

Issue

Whether or not petitioner Jonah Mallari y Samar is guilty beyond reasonable doubt of direct
assault upon an agent of a person in authority.

Ruling

MTC
On September 5, 2013, the MTC found Mallari GUILTY beyond reasonable doubt of
direct assault upon an agent or person in authority, violating Article 148 of the RPC.
MTC noted that Mallari admitted to kicking PO2 Navarro and grabbing his shirt
while performing his duties. She was sentenced to suffer imprisonment of prision
correccional in its medium period of 3 years, 6 months and 21 days to 4 years, 9
months and 10 days, and to pay the fine of PHP1,000.00.
RTC
On July 30, 2014, the RTC affirmed Mallari’s conviction, finding that the elements of
the offense were present: Mallari kicked, slapped and injured an agent of a person in
authority as he was engaged in the performance of his official duties.

The court found no improper motive could be traced to the prosecution’s witnesses
who clearly testified on the matter. Also noting that Mallari’s defense and denials
were weak and uncorroborated.

The instant petition is DISMISSED for lack of merit and MTC’s decision
AFFIRMED with MODIFICATION. She is sentenced to suffer an indeterminate
penalty of arresto mayor in its minimum period of 2 months to 2 years and 4
months of prison correctional as maximum, and pay a fine of PHP500.00.

CA
On May 12, 2016, the CA denied Mallari’s Motion for Reconsideration, finding
that PO2 Navarro’s testimony credible and clear while Mallari was unable to
 JONAH MALLARI Y SAMAR, PETITIONER, V. PEOPLE OF THE PHILIPPINES,
RESPONDENT.
G.R. No. 224679

Date: February 12, 2020

Topic: Article 151 of the Revised Penal Code

substantiate her claims. The court held Mallari as the aggressor which compelled PO2
Navarro to restrain her.

And so, Mallari filed before the SC a Petition for Review on Certiorari, claiming the
CA erred in sustaining her conviction.
SC
On reviewing the facts
The Court affirms the prosecution’s evidence as sufficient in upholding the findings
of fact against the petitioner, and that questions of fact will no longer be raised. As
the petition is for review, only the question of law shall be raised. And so the Court
shall not analyze and weigh the evidence all over again. However, there are
exceptions where the Court reviews findings of the fact of the CA.

Discussion:
The MTC, RTC and CA all consistently found that the petitioner slapped and kicked
PO2 Navarro, and so the Court no longer disturbed this finding. However, the
petitioner should not be held guilty for direct assault, but rather of the crime of
resistance or disobedience under Article 151 of the RPC.

Direct assault may be committed in 2 ways: (1) any person or persons who,
without public uprising , shall employ force or intimidation for the attainment of
any of the purposes enumerated [...] (2) any person or persons who, without
public uprising, shall attack, employ force, or seriously intimidate or resist any
person in authority or any of his agents while engaged in the performance of
official duties[...]

Petitioner is charged with the second mode of assault. However, the first element of
the offense is not present in this case, which is;
1. Offender (a) makes an attack, (b) employs force, © makes serious intimidation, (d) makes
a serious resistance

To be considered as direct assault, the laying of hands or use of physical force against
the agent of a person in authority must be serious. The amount of force employed
shows the difference between direct assault and resistance and disobedience.
Such as that a sudden blow given to a policeman while engaged in effecting an arrest
was not an aggression amounting to assault.

Direct assault against an agent of a person in authority involves force that is more
severe than slapping and punching, such as seizing an officer by the throat, throwing
him to the ground and striking several blows with the club he wrestled from the
officer(US vs Cox).
 JONAH MALLARI Y SAMAR, PETITIONER, V. PEOPLE OF THE PHILIPPINES,
RESPONDENT.
G.R. No. 224679

Date: February 12, 2020

Topic: Article 151 of the Revised Penal Code

The laying of hands or using physical force when not in serious nature constitutes
resistance or disobedience. The gravity of the disobedience is measured by the
circumstances surrounding the act, the motives prompting it, and the real importance
of the transgression, rather than the source of the order disobeyed. The Court found
that the 2 key elements are met.
"(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 regards to the injury incurred, the Court discussed that resistance is impossible
without the employment of some force. Mallari admitted to having grabbed PO2
Navarro’s shirt, slapping and kicking him on both legs multiple times. Based on the
circumstances, petitioner’s resistance and use of force are not so serious to be deemed
as direct assault. PO2 Navarro himself stated that he was not kicked hard.

Under Rule 120, Sec. 4-5 of the Rules of Court: when the crime proved is different
from the offense alleged, the accused may be convicted of the offense proved when
the offense charged necessarily includes the offense proven. In this case, although
the charge is direct assault, the prosecution was able to prove resistance or
disobedience, the offenses having similar elements.

The Court MODIFIES the decision of the CA. Mallari is GUILTY beyond
reasonable doubt of the crime of resistance or disobedience under Article 151 of
the RPC. She is to suffer the penalty of imprisonment of arresto mayor of 1 month
and 1 day as its minimum period to 6 months as maximum, and pay the fine not
exceeding PHP500.00.

Link: https://lawphil.net/judjuris/juri2020/feb2020/gr_224679_2020.html