TITLE 3 – CRIMES AGAINST PUBLIC ORDER

CHAPTER 4 – ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO

PERSONS IN AUTHORITY

1. ILLEGAL ASSOCIATION (ART.146)

People vs Evangelista
The defense of the accused is that the set up of the Communist Party of the
Philippines is not an illegal association, and that it preaches only a social but not
an armed revolution. However, the Court found the defense untenable as the
constitution of the Communist Party aimed to alter the social order and to commit
the crimes of rebellion and sedition. Having these objectives qualifies the
association to be illegal.

2. PERSON IN AUTHORITY AND AGENTS OF PERSONS IN AUTHORITY

People vs Rodil
An accused cannot be held guilty of assault upon an agent of authority (to be
complexed with homicide) although the evidence shows that accused knew that
the victim is a P.C. Lieutenant where the information did not allege such
knowledge, but merely stated that appellant attack and stab P.C. Lt Guillermo
Masana while the latter was in the performance of his official duties. In such a case,
such knowledge can only be appreciated as a generic aggravating circumstance of
insult to the public authorities.

Sacepuedes vs People
AUTHORITY.·A teacher-nurse of an elementary public school whose duty, among
others, is to give health instruction to the pupils, to instruct teachers about how to
give first aid treatment in the school clinic, and to look after the sanitary facilities
of the school, is a person in authority under article 152 of the Revised Penal Code.

People vs Tac-an
Aggravating Circumstances; Teacher or professor cannot be regarded as a public
authority within the meaning of Paragraph 2 of Art. 14.

3. DIRECT ASSAULT

People vs Beltran
The accused are guilty of murder and double attempted murder with direct assault
(under the 2nd form of direct assault). The accused attacked and employed force
against the mayor and police while the latter were engaged in the actual
performance of duty and the accused knew that they were assaulting persons in
authority
People vs Dollantes
The trial court found them guilty of complex crime of assault upon a person in
authority resulting in murder

De Guzman vs People
Direct assault, a crime against public order, may be committed in two ways: first,
by 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; and second, by any person or persons who,
without a 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, or on occasion of such performance