What are the circumstances qualifying for direct assault?
Direct assault is committed “by any person or persons who, without a public uprising, . . . 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.” (See Art.
What is the penalty of direct assault in the Philippines?
The Revised Penal Code (Article 148) imposes the penalty of imprisonment of prision correccional in its medium and maximum periods and a fine not exceeding 1,000 pesos upon anyone who commits the crime of direct assault when, as in these cases, the offender lays hands upon a person in authority.
What is the crime of direct assault?
To be considered as direct assault, the laying of hands or the use of physical force against the agent of a person in authority must be serious. It has been consistently held that convictions for direct assault against an agent of a person in authority involve force that is more severe than slapping and punching.
What are the two form of direct assault?
Direct assault, a crime against public order, may be committed in two ways: first, by “any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition;” and second, by any person or persons who …
How much is the bail for direct assault in the Philippines?
The fine for direct assault is now set at a maximum of P200,000 from just P1,000 when the attacker uses a weapon, is a public officer, or lays hands on a person of authority. If these circumstances are not present, the fine to be paid is a maximum of P100,000, higher than the previous P500.
What is the difference between direct assault and indirect assault?
If the victim of the assault is a person in authority or his agent, there is a crime of direct assault. When a third party comes to the aid of authorities or an agent of persons in authority and he himself becomes the subject of the assault by the offender, an indirect assault exists.
How much is the bail for direct assault in Philippines?
Can direct assault be complexed with another crime?
Thus, all the elements of direct assault are present. In People v. Vibal,63 this Court held that when the assault leads to the death of an agent or a person in authority, the resulting offense is the complex crime of direct assault with murder or homicide.
How is the crime of direct assault distinguish from indirect assault?
What is the difference between direct assault and resistance or serious disobedience?
The Supreme Court (SC) has clarified that when a person being apprehended by a police officer resists or uses force that is not dangerous, grave or severe, the offense is resistance and disobedience to an agent of a person in authority and not the more serious crime of direct assault.
Can there be indirect assault without direct assault?
NOTES: Indirect assault can be committed only when a direct assault is also being committed. To be indirect assault, the person who should be aided is the agent and not the person in authority. In the latter case, it is already direct assault.
Is there indirect assault without direct assault?
Indirect assault can be committed only when a direct assault is also being committed. To be indirect assault, the person who should be aided is the agent and not the person in authority.
How is the crime of direct assault distinguished from indirect assault?
What are the difference of direct assault and indirect assault?
Can I be charged under Article 148 for direct assault?
Based on the facts you have mentioned, it appears you may be held liable under Article 148 of the Revised Penal Code (RPC) for the crime of direct assault. Article 148 states: “Article 148.- Direct assaults.
What is the general rule for direct assault?
General Rule: Direct assault is always complexed with the material consequence of the act (Ex. direct assault with murder). Exception: If resulting in a light felony, the consequent crime is absorbed. The force employed need not be serious when the offended party is a person in authority (Ex. Laying of hands).
Can direct assault be committed during rebellion?
Direct assault cannot be committed during rebellion. Direct assault may be committed upon a private person who comes to the aid of a person in authority since he is then considered an agent of a person in authority. Classifications of direct – simple and qualified.
What constitutes direct assault against a barangay chairman?
In addition, your attacks on the assistants who came to the aid of the barangay chairman may also be considered direct assault against agents of a person in authority.