PEOPLE VS. TIBURCIO ABALOS G.R. NO.

88189, July 9, 1996 FACTS: At around 8pm of March 20, 1983, Police Major Cecilio Abalos had a heated argument ith his son, appellant !iburcio Abalos, regarding the scolding b" the former of his emplo"ees# A oman shouted for help so $ictim Pfc %ofronio &abine, a dul" appointed member of '(P in Catbalogan, %amar, came to pacif" them# )o e$er, appellant hurriedl" left and s iftl" returned ith a piece of ood, about t o inches thic*, three inches ide and three feet long# )e unceremoniousl" hit the $ictim at the bac* of the right side of his head# !he $ictim later e+pired from the se$ere s*ull fracture he sustained from that blo # Appellant as con$icted b" ,!C, -ranch 2., of Catbalogan, %amar of the comple+ crime of direct assault ith murder# ISSUE: /hether the trial court has correctl" charged appellant of direct assault ith murder# HELD: ith the comple+ crime

0udgment of the trial court is A11',M23# Appellant committed the second form of assault, the elements of hich are that there must be an attac*, use of force, or serious intimidation or resistance upon a person in authorit" or his agent4 the assault as made hen the said person as performing his duties or on the occasion of such performance4 and the accused *ne that the $ictim is a person in authorit" or his agent, that is, that the accused must ha$e the intention to offend, injure or assault the offended part" as a person in authorit" or an agent of a person in authorit"# Appellant himself testified that he personall" *ne the $ictim to be a policeman and, in fact, the latter as then earing his uniform# !hose facts should ha$e sufficientl" deterred appellant from attac*ing him, and his defiant conduct clearl" demonstrates that he reall" had the criminal intent to assault and injure an agent of the la #

ROBERTO UMIL ET. AL. VS. FIDEL V. RAMOS, ET. AL. G.R. NO. 81 6!, O"#$%&' (, 1991 FACTS: 5n 1ebruar" 1, 1988, militar" agents ere dispatched to the %t# Agnes )ospital in ,oose$elt A$enue, 6ue7on Cit" to $erif" a confidential information hich as recei$ed b" their office about an (PA member 89sparro unit:;, ho as being treated for a gunshot ound and as among the fi$e 8<; male 9sparro s: ho murdered t o 82; Capcom mobile patrols on 0anuar" 31, 1988 before a road hump along Macanining %t#, -agong -arrio, Caloocan Cit"# !he actual facts re$ealed that the 9,onnie 0a$ellon of -loc* 10, &ot =, %outh Cit" )omes, -inan, &aguna ho as 22 "ears old: entered in the hospital records, ere fictitious and as in realit" ,olando 3ural, ho as identified as one of se$eral persons ho the da" before his arrest, ithout arrant, at the %t# Agnes )ospital, had shot t o 82; CAPC5M policemen in Caloocan Cit" as part of his mission as a 9sparro : 8(PA member;# A fe da"s after his arrest, 3ural as charged ith double murder ith assault against agents of persons in authorit"# 5n August 31, 1988, he as con$icted of the crime charged and sentenced to reclusion perpetua# ISSUE: /hether the court has correctl" appreciated the 9continuing crime: doctrine against the accused ma*ing his arrantless arrest la ful# HELD: !he arrest of ,olando 3ural ithout arrant is justified as it can be said that, ithin the contemplation of %ection <8a;, ,ule 113, 3ural as committing an offense, hen arrested, because 3ural as arrested for being a member of the (e People>s Arm", an outla ed organi7ation, here membership is penali7ed, and for sub$ersion hich, li*e rebellion is, under a continuing offense# As laid do n in ?arcia $s# 2nrile, 9!he crimes of insurrection or rebellion, sub$ersion, conspirac" or proposal to commit such crimes, and other crimes and offenses committed in the furtherance on the occasion thereof, or incident thereto, or in connection there ith under Presidential Proclamation (o# 20=<, are all in the nature of continuing offenses hich set them apart from the common offenses, aside from their essentiall" in$ol$ing a massi$e conspirac" of nation ide magnitude# + + +#: