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Mallari y Samar vs. People

JONAH MALLARI Y SAMAR, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.

G.R. No. 224679 | 2020-02-12

THIRD DIVISION
 
D E C I S I O N
 
LEONEN, J.:
 
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.
 
This Court resolves a Petition for Review on Certiorari[1] questioning the Decision[2] and Resolution[3] of the Court of Appeals, which affirmed with modification the Municipal Trial Court[4] and the Regional Trial...