This case has been cited 1 times or more.
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2015-08-17 |
CARPIO, J. |
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| The laying of hands or using physical force against agents of persons in authority when not serious in nature constitutes resistance or disobedience under Article 151, and not direct assault under Article 148 of the RPC.[58] This is because the gravity of the disobedience to an order of a person in authority or his agent is measured by the circumstances surrounding the act, the motives prompting it and the real importance of the transgression, rather than the source of the order disobeyed.[59] The pushing of IO1 Mangili is not of such serious defiance to be considered direct assault, but is resistance nonetheless. | |||||