JONAH MALLARI Y SAMAR, PETITIONER, V.

PEOPLE OF THE PHILIPPINES,

RESPONDENT.

FACTS:

The incident transpired on the early morning of January 12, 2007.

 The Olongapo Police Station 3 received a report of an altercation on the ground floor of
GenX Billiard Hall on Gordon Avenue. At this, PO2 Navarro and SPO3 Merza, who were
both in uniform, went to the scene.

 They found two (2) groups of women fighting and pulling each other's hair out, among
them a visibly drunk Mallari. The officers rushed to stop the fight.10

 Once the squabble was over, the officers asked the women to go to the police station to
file proper complaints. However, the intoxicated Mallari shouted at them, "Wala kayo
pakialam sa akin, hindi aka sasama sa inyo." She then grabbed PO2 Navarro by the
collar, slapped his cheek, and kicked his legs several times.

 To restrain her, PO2 Navarro held her by the shoulders and brought her to the back of
the patrol car. SPO3 Merza was about to pacify the other women, but they eventually
agreed to go to the police station. The incident was entered in the blotter and Mallari was
detained for direct assault.

ISSUE:
Whether or not petitioner is guilty for the crime of direct assault upon an agent of a person in
authority (the second way)

RULING: NO

The laying of hands or using physical force against agents of persons in authority when not
serious in nature constitutes resistance or disobedience under Article 151, and not direct assault
under Article 148 of the RPC. This is because the gravity of the disobedience to an order of a
person in authority or his agent is measured by the circumstances surrounding the act, the
motives prompting it and the real importance of the transgression, rather than the source of the
order disobeyed

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.

Thus, instead of direct assault, this Court convicts petitioner of resistance or disobedience.

Doctrine:
When a person being apprehended by a police officer resists or uses force that is not dangerous,
grave, or severe, the offense is not direct assault under Article 148 of the Revised Penal Code.
Instead, the proper offense is resistance and disobedience to an agent of a person in authority,
penalized under Article 151 of the Revised Penal Code.