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People vs. Rodil [DISSENTING OPINION, MELENCIO-HERRERA, J.]

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FLORO RODIL, defendant-appellant.

G.R. No. L-35156 | 1981-11-20

DISSENTING OPINION
 
MELENCIO-HERRERA, J.:
 
I believe that neither the aggravating circumstance of con­tempt of, or insult to the public authorities under Article 14, par. 2 of the Revised Penal Code, nor that of insult or disregard of the respect due to the offended party on account of his rank under Article 14, par. 3 of the same Code, is applicable to the present case.
 
1. For the circumstance of contempt of, or with insult to, public authorities to be considered aggravating, it is essential (a) that the crime is committed in the presence of a public authority, not a mere agent of the authorities...