Key Takeaway: Not All Resistance to Authority Constitutes Direct Assault

Mallari v. People, G.R. No. 224679, 870 Phil. 687 (2020)

Imagine being caught in the middle of a heated argument, emotions running high, and suddenly, law enforcement intervenes. In the chaos, you react instinctively, perhaps pushing or shouting at an officer. Is this a criminal act? The Supreme Court’s decision in Mallari v. People sheds light on this common scenario, distinguishing between direct assault and resistance to authority under Philippine law.

In this case, Jonah Mallari found herself in a physical altercation with a police officer after a dispute escalated at a billiard hall. Charged with direct assault, the courts had to determine if her actions warranted such a serious charge or if they fell under a lesser offense. This ruling has significant implications for how we understand and interact with law enforcement during tense situations.

Legal Context: Defining Direct Assault and Resistance

Under the Revised Penal Code, direct assault is defined in Article 148, which states:

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 not exceeding 1,000 pesos…

Direct assault is a serious crime that requires a significant level of force or intimidation against a person in authority or their agent. On the other hand, resistance and disobedience to a person in authority or their agents is covered under Article 151:

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.

The key difference lies in the severity of the act. Direct assault requires the use of force that is dangerous, grave, or severe, whereas resistance and disobedience can involve less serious acts of defiance. For example, if someone lightly pushes an officer during an arrest, it might be considered resistance rather than direct assault.

Case Breakdown: The Journey of Jonah Mallari

Jonah Mallari’s ordeal began on a typical morning at GenX Billiard Hall in Olongapo City. A dispute between two groups of women escalated into a physical fight, prompting police intervention. When officers PO2 Richard Navarro and SPO3 Melanio Merza arrived, they found Mallari among the brawlers, visibly intoxicated.

As the officers attempted to pacify the situation, Mallari resisted their orders to go to the police station. According to PO2 Navarro’s testimony:

We tried to stop them and introduced ourselves as police officers, sir… We invited them at the police station, so that they will file their complaint if there is any. But this woman slapped me and kicked me, sir.

Mallari admitted to grabbing the officer’s shirt and kicking him, but argued that her actions were in response to what she perceived as unnecessary force by the officer.

The case moved through the judicial system, starting with the Municipal Trial Court, which found Mallari guilty of direct assault. This decision was upheld by the Regional Trial Court and later modified by the Court of Appeals, which reduced the penalty but maintained the conviction.

Upon reaching the Supreme Court, the justices reviewed the evidence and testimonies. They noted that while Mallari did use force against the officer, it was not of the severity required for direct assault:

Based on the circumstances, petitioner’s resistance and use of force are not so serious to be deemed as direct assault. While she exerted force, it is not dangerous, grave, or severe enough to warrant the penalties attached to the crime.

The Supreme Court ultimately found Mallari guilty of resistance and disobedience under Article 151, a less severe offense.

Practical Implications: Navigating Interactions with Law Enforcement

The Mallari case highlights the importance of understanding the legal nuances between direct assault and resistance to authority. For individuals, this ruling means that not every act of resistance against an officer will result in severe penalties. However, it also serves as a reminder to remain calm and comply with law enforcement during confrontations to avoid any legal repercussions.

For law enforcement, the decision underscores the need for clear guidelines on when to charge someone with direct assault versus resistance. Officers must assess the severity of the force used against them and act accordingly.

Key Lessons:

• Understand the difference between direct assault and resistance to authority.
• Remain calm and comply with law enforcement during confrontations to avoid legal issues.
• Officers should assess the severity of force used against them before charging someone with direct assault.

Frequently Asked Questions

What is the difference between direct assault and resistance to authority?

Direct assault involves serious force or intimidation against a person in authority or their agent, while resistance and disobedience involve less severe acts of defiance.

Can I be charged with direct assault for pushing a police officer?

It depends on the severity of the push. If it’s deemed serious and dangerous, it could be considered direct assault. Otherwise, it might be classified as resistance and disobedience.

What should I do if I’m involved in a confrontation with law enforcement?

Remain calm, comply with their instructions, and if you feel mistreated, document the incident and seek legal advice afterward.

How can I defend myself if I’m charged with direct assault?

Consult with a lawyer who can review the evidence and argue that your actions did not meet the threshold for direct assault, possibly reducing the charge to resistance and disobedience.

What are the penalties for resistance and disobedience?

The penalties include arresto mayor (imprisonment from one month and one day to six months) and a fine not exceeding P500.00.

ASG Law specializes in criminal law and can help you navigate these complex issues. Contact us or email hello@asglawpartners.com to schedule a consultation.