DIRECT ASSAULT

REPORT BY : Jake Vincent Matura

What is Direct Assault?

Direct assault, according to G.R. No. L-20216
and L-20217 states that is committed "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”.

In addition, Any person or persons who,

without a public uprising, use force or “No man is above the law and no man is below it;
intimidation to achieve any of the objectives nor do we ask any man’s permission when we ask
listed in the definitions of rebellion and him to obey it.” — Theodore Roosevelt
sedition, or who attack, use force, or seriously
intimidate or resist any person in authority or
any of his agents while performing his or her
official duties. It is highly considered as
assault if the offender commits the assault
with a weapon even when the offender is a
public officer or public employee, or when the
offender lays hands upon a person in authority
or it can only be considered as direct assault,
the laying of hands or the use of physical force
against the agent of a person in authority must
be serious.
Direct Assault upon person in authority..
 2 Ways to Commit Direct
Assault

1. Without public uprising, by employing force

or intimidation for attainment of any of the
purposes enumerated in defining the crimes of
rebellion and sedition.

Elements of First Form:

 Offender employs force or intimidation;
 Aim of offender is to attain any of the
purposes of the crime of rebellion and
sedition; and
 That there is no public uprising.

2. (Second form) Without public uprising, by

attacking, by employing force or by seriously
intimidating or by seriously resisting any person
in authority or any of his agents, while engaged
in the performance of official duties, or on
occasion of such performance.

Elements of Second Form:

 Offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a
serious resistance;
 Person assaulted is a person in authority or his agent;
 At the time of the assault the person in authority or his agent
 is engaged in the actual performance of official duties (motive is not essential); or
 is assaulted by reason of the past performance of official duties (motive is essential);
 That the offender knows that the one he is assaulting is a person in authority or his agent (with
intention to offend, injure or assault); and
 No public uprising.
Example: Barrio councilman and any person who comes to the aid of the person in
authority, policeman, municipal treasurer, postmaster, sheriff, agents of the BIR,
Malacañang confidential agent.
Even when the person in authority or the agent agrees to fight, direct assault is still committed.

When the person in authority or the agent provoked/attacked first, innocent party is entitled to defend
himself and cannot be held liable for assault or resistance nor for physical injuries, because he acts in
legitimate self-defense.

There can be no assault upon or disobedience to one’s authority by another when they both contend that
they were in the exercise of their respective duties.

When assault is made by reason of the performance of his duty there is no need for actual performance
of his official duty when attacked.

Direct assault cannot be committed during rebellion.

Direct assault may be committed upon a private person who comes to the aid of a person in authority
since he is then considered an agent of a person in authority.

Classifications of direct - simple and qualified.

NOTES:

 General Rule: Direct assault is always complexed with the material consequence of the act (Ex.
direct assault with murder).
 Exception : If resulting in a light felony, the consequent crime is absorbed.
 The force employed need not be serious when the offended party is a person in authority (Ex.
Laying of hands).
 The intimidation or resistance must be serious whether the offended party is an agent-only or a
person in authority (Ex. Pointing a gun).