This case has been cited 3 times or more.
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2011-02-09 |
CARPIO, J. |
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| In this case, the crime charged against complainant was direct assault against a public school teacher, who is a person in authority under Article 152[3] of the Revised Penal Code.[4] Under Article 148 of the Revised Penal Code, when the assault is committed against a person in authority while engaged in the performance of his official duties or on the occasion of such performance, the imposable penalty is prision correccional in its medium and maximum periods. The duration of the penalty of prision correccional in its medium and maximum periods is 2 years, 4 months and 1 day to 6 years. Thus, the offense charged against complainant requires the conduct of preliminary investigation as provided under Section 1 of Rule 112 of the Rules of Court, which reads: SECTION 1. Preliminary investigation defined; when required. â€' Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. | |||||