Chapter Four
ASSAULT UPON,
AND RESISTANCE
AND
DISOBEDIENCE
TO, PERSONS IN
AUTHORITY AND
THEIR AGENTS
ART. 148
DIRECT ASSAULT
ART. 148. DIRECT ASSAULT
• 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.
ACTS PUNISHED
• 1. WITHOUT PUBLIC UPRISING, BY EMPLOYING FORCE OR INTIMIDATION FOR THE ATTAINMENT OF ANY OF
THE PURPOSES ENUMERATED IN DEFINING THE CRIMES OF REBELLION AND SEDITION;
ELEMENTS
• 1. OFFENDER EMPLOYS FORCE OR INTIMIDATION;
• 2. THE AIM OF THE OFFENDER IS TO ATTAIN ANY OF THE PURPOSES OF THE CRIME OF REBELLION OR ANY OF
THE OBJECTS OF THE CRIME OF SEDITION;
• 3. THERE IS NO PUBLIC UPRISING.
ACTS PUNISHED
• 2. WITHOUT PUBLIC UPRISING, BY ATTACKING, BY EMPLOYING FORCE OR BY SERIOUSLY INTIMIDATING
OR BY SERIOUSLY RESISTING ANY PERSON IN AUTHORITY OR ANY OF HIS AGENTS, WHILE ENGAGED IN
THE PERFORMANCE OF OFFICIAL DUTIES, OR ON OCCASION OF SUCH PERFORMANCE.
ELEMENTS
• 1. OFFENDER MAKES AN ATTACK, EMPLOYS FORCE, MAKES A SERIOUS INTIMIDATION, OR MAKES A
SERIOUS RESISTANCE;
• 2. THE PERSON ASSAULTED IS A PERSON IN AUTHORITY OR HIS AGENT;
• 3. AT THE TIME OF THE ASSAULT, THE PERSON IN AUTHORITY OR HIS AGENT IS ENGAGED IN THE ACTUAL
PERFORMANCE OF OFFICIAL DUTIES, OR THAT HE IS ASSAULTED BY REASON OF THE PAST PERFORMANCE
OF OFFICIAL DUTIES;
• 4. OFFENDER KNOWS THAT THE ONE HE IS ASSAULTING IS A PERSON IN AUTHORITY OR HIS AGENT IN THE
EXERCISE OF HIS DUTIES.
• 5. THERE IS NO PUBLIC UPRISING.
PUNISHMENT
• 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.
• THE CRIME IS NOT BASED ON THE MATERIAL CONSEQUENCE OF THE
UNLAWFUL ACT. THE CRIME OF DIRECT ASSAULT PUNISHES THE SPIRIT
OF LAWLESSNESS AND THE CONTEMPT OR HATRED FOR THE AUTHORITY
OR THE RULE OF LAW.