People v Recto (2001) case digest

G.R. No. 129069            October 17, 2001

PEOPLE OF THE PHILIPPINES, appellee,

vs.

JULIO RECTO y ROBEA, appellant.

PANGANIBAN, J.:

FACTS:

RTC of Romblon found Julio Recto y Robea guilty of (1) two counts of the complex crime of qualified direct assault with frustrated homicide the complex crime of qualified direct assault with murder and (3) homicide. accused, with intent to kill, did by means of treachery attack, assault, and shoot with a shotgun locally called pugakang one MELCHOR RECTO, knowing that the latter is a duly appointed barangay chief tanod of Romblon, while he was engaged in the performance of his official duties, inflicting upon the latter gunshot wounds in different parts of his body.

ISSUE:

Whether or not petitioner is guilty of direct assault.

HELD:

No. The trial court erred in convicting appellant of qualified direct assault with frustrated homicide

Direct assault 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, 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.

In the case at bar, the victim, Melchor Recto -- being then the barangay chief tanod of Ambulong, Magdiwang, Romblon -- was clearly an agent of a person in authority. However, contrary to the findings of the trial court, he was not engaged in the performance of his official duties at the time he was shot. Neither was he attacked on the occasion of such performance. Thus, the attack on him did not amount to direct assault appellants liability amounted only to attempted, not frustrated, homicide. The penalty that is lower by two degrees than that prescribed by law for consummated homicide shall be imposed upon appellant. After applying the Indeterminate Sentence Law, it shall be taken from the medium period, since there were no aggravating or mitigating circumstances proven.

In Criminal Case No. 1971, the trial court was correct in ruling that the attack on Percival Orbe then a barangay captain, a person in authority.

In his other criminal case, Considering that Antonio Macalipay was a kagawad who was in the actual performance of his duties when he was shot, the attack on him constituted direct assault. appellant should be held liable for the complex crime of qualified direct assault with homicide. The penalty to be imposed on him should be for homicide, which is the more serious crime, to be imposed in the maximum period.