TITLE THREE: CRIMES AGAINST PUBLIC ORDER

CHAPTER 4: ASSAULT UPON, RESISTANCE AND DISOBEDIENCE TO PERSONS IN AUTHORITY AND THEIR AGENTS

Title: Docket No. G.R. Nos. L-39840 and L-39841

People vs Hernandez Date: December 23, 1933

Ponente: DIAZ, J.:

THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff- GABRIEL HERNANDEZ, defendant-appellant.

appellee,

Facts:

The appellant was tried in criminal cases for resistance to agents of persons in authority and arbitrary
detention. The charges stemmed from an incident where, as the provincial governor, he resisted the
provincial sheriff's attempt to enforce a writ of execution. The appellant held the sheriff by the arm,
preventing him from taking away certain property, leading to his arrest on charges of resistance and
arbitrary detention.

Issue:

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

Ruling:

The court ruled that the appellant is not guilty of the offenses charged. The provincial sheriff's actions
were deemed arbitrary and abusive, exceeding his authority in the performance of duties. The
appellant's act of holding the sheriff by the arm was considered a legitimate act of self-defense under
the circumstances. The arrest of the sheriff, prompted by the appellant's request to the chief of police,
was seen as a justifiable incident of the defense employed by the appellant to protect his rights.

Law:

Section 453 of Act No. 190 - Grants authority to a sheriff to attach the property of a judgment or
execution debtor.

Section 457 of Act No. 190 - Allows the judgment debtor, if present at the sale, to direct the order in
which property, real or personal, shall be sold during a public auction.

People vs. Chan Fook, 42 Phil., 230 - Establishes the principle that a person has a legitimate right to
defend himself when facing abuse of authority by another.

University of Manila | Criminal Law 2 | Atty. Jessie Bautista | Natanawan, Francis Ken D.