PEOPLE VS.

RODIL, 109 SCRA 308

Topic: Direct Assault

Facts: Accused Floro Rodil was found guilty for the death of Lt. Guillermo Masana of the
Philippine Constabulary. The accused, armed with a double-bladed dagger, with evident
premeditation and treachery, and with intent to kill, did, attack and stab PC Lt. Guillermo
Masana while the latter was in the performance of his official duties, which directly caused his
death.

Issue: Whether or not the crime of murder can be complexed with assault upon agent of
authority.

Held: Yes. The aggravating circumstance of disregard of rank should be appreciated because it
is obvious that the victim Identified himself as a PC officer to the accused who is merely a
member of the Anti-Smuggling Unit and therefore inferior both in rank and social status to the
victim. If the accused herein were charged with the complex crime of murder with assault
against an agent of a person in authority, and not merely murder, then the aggravating
circumstance of disregard of rank or contempt of or insult to public authority cannot be
appreciated as aggravating because either circumstance is inherent in the charge of assault
against a person in authority or an agent of a person in authority.