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    US Vs Garcia DIgest

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    Johnde Martinez
    The document discusses a court case where a man named Garcia assaulted a justice of the peace named Manuel Serra after a court hearing. Garcia was charged with assaulting an authority figure. The court found Garcia guilty as he had threatened and disrespected the justice of the peace both in court and later assaulted him on the street, slapping his face. The court ruled Garcia committed a violation of assaulting an officer discharging their duties.

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    US Vs Garcia DIgest

    Uploaded by

    Johnde Martinez
    411 views2 pages
    The document discusses a court case where a man named Garcia assaulted a justice of the peace named Manuel Serra after a court hearing. Garcia was charged with assaulting an authority figure. The court found Garcia guilty as he had threatened and disrespected the justice of the peace both in court and later assaulted him on the street, slapping his face. The court ruled Garcia committed a violation of assaulting an officer discharging their duties.

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    Crim 2 DIgest

    Original Title

    US vs Garcia DIgest

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    The document discusses a court case where a man named Garcia assaulted a justice of the peace named Manuel Serra after a court hearing. Garcia was charged with assaulting an authority figure. The court found Garcia guilty as he had threatened and disrespected the justice of the peace both in court and later assaulted him on the street, slapping his face. The court ruled Garcia committed a violation of assaulting an officer discharging their duties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    411 views2 pages

    US Vs Garcia DIgest

    Uploaded by

    Johnde Martinez
    The document discusses a court case where a man named Garcia assaulted a justice of the peace named Manuel Serra after a court hearing. Garcia was charged with assaulting an authority figure. The court found Garcia guilty as he had threatened and disrespected the justice of the peace both in court and later assaulted him on the street, slapping his face. The court ruled Garcia committed a violation of assaulting an officer discharging their duties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    U.S. vs. Garcia, G.R. No.

    6820, October 16, 1911


    Article 148. Direct assaults. - Any person or persons who, without a public uprising, shall
    employ force or intimidation for the attainment of any of the purpose enumerated in defining the
    crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist
    any person in authority or any of his agents, while engaged in the performance of official duties,
    or on occasion of such performance, shall suffer the penalty of prision correccional in its
    medium and maximum periods and a fine not exceeding P1,000 pesos, when the assault is
    committed with a weapon or when the offender is a public officer or employee, or when the
    offender lays hands upon a person in authority. If none of these circumstances be present, the
    penalty of prision correccional in its minimum period and a fine not exceeding P500 pesos shall
    be imposed.

    Facts:

    The defendant was tried for the crime of attempt against an authority, penalized by article 249,
    in connection with article 250, of the Penal Code, the complaint alleging that he attacked and
    employed force upon Manuel Serra, justice of the peace of the municipality of Tandag, Surigao
    del Sur, while the latter was discharging the duties of his office.
       
    This justice of the peace  was presiding at the hearing of a  suit between Carmen Pascual and
    Calixto Espinosa, and when the decision therein had been read, or just after it  had been
    announced,  Prudencio  Garcia uttered  these words: "We don't agree to the decision," to which
    Carmen Pascual added: "Surely, not at all."  The justice said to them: "If you don't  agree to the
    decision, you can appeal by filing bond therefor."  Garcia replied with a disrespectful and
    contemptuous remark and the justice asked him to get out of the court. Garcia went out but
    when he  reached the stairway  he turned back  toward the justice and said in a threatening
    manner: "We'll see," then went downstairs. 

    A little later the justice started home.  Garcia, who was waiting for him nearby, followed him and
    when he turned a corner  went up  to him,  saying: "Now is a good time to get even  with you,
    you dirty justice of  the peace," and attacked him, striking him with a cane he was carrying and
    also slapping his face.   

    Issue:

    Whether or not Garcia committed an assault against a person in authority. - Yes

    Ruling:

    The defendant confesses to having slapped the justice of the peace in the  street, but avers that
    it had no  connection with the trial in the  court and the incidents above related, which he denies
    in so far as they ascribe to him a disrespectful and  threatening attitude. He defends his conduct
    in the street by ascribing to the complainant provocation that led to the assault.  But the court
    found that he had proved nothing on this point, and in fact he did not submit any evidence
    whatsoever to support this defense of his in regard to the assault.

    It is plain that  the  defendant committed a violation of article 249 of the Penal Code, case 2, by
    attacking an officer in the discharge of his duties as justice  of the peace,  with the third of the
    aggravating circumstances in article 250, in that he placed his hands upon an officer of the law,
    for which reason the penalty was raised to the degree fixed in the judgment.

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