G.R. No. 39275: December 20 1933: 59 Phil. 163
Offense Involved: Direct Assault (Article 148, Revised Penal Code)
FACTS: On or about September 30, 1932, in the municipality of San Fernando, Province of Pampanga, Ricardo Mendoza, a student slapped his teacher Iluminada Tinio on one of her cheeks, while she was engaged in the performance of her duties as such teacher and while she was within the premises of the high school building exercising the functions inherent in such capacity. The provincial fiscal then filed an information for Direct Assault upon a person in authority. However, the trial court dismissed the information on the ground that the facts alleged therein did not constitute a crime but simply a misdemeanor or light felony. Hence this case.
- Whether or not the trial court erred in dismissing the information against the defendant-appellee of Direct Assault upon a person in authority?
- No. The trial court did not err in dismissing the information of Direct Assault upon a person in authority against the defendant. A teacher is not a person in authority on the ground that he does not possess the necessary requisite thereof prescribed by law. In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission, shall be deemed a person in authority. A teacher is neither a person in authority nor an agent thereof but merely a public officer, and therefore, the assault committed upon him while he is engaged in the performance of his duties as such does not constitute assault upon a person in authority nor an agent thereof.