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Understanding Direct Assault Elements

Direct assault can be committed in two ways - using force or intimidation to attain goals of rebellion/sedition, or using force or seriously resisting persons in authority engaged in official duties. The second is more common. The elements of the second mode are: 1) offender attacks, uses force, intimidates or resists a person in authority or agent, 2) the authority is engaged in duties, 3) offender knows the target's status. Direct assault can be simple or qualified if a weapon is used, the offender is a public officer, or a public authority is touched. Teachers are considered persons in authority for this crime. The main difference between direct assault and resistance/disobedience is

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580 views1 page

Understanding Direct Assault Elements

Direct assault can be committed in two ways - using force or intimidation to attain goals of rebellion/sedition, or using force or seriously resisting persons in authority engaged in official duties. The second is more common. The elements of the second mode are: 1) offender attacks, uses force, intimidates or resists a person in authority or agent, 2) the authority is engaged in duties, 3) offender knows the target's status. Direct assault can be simple or qualified if a weapon is used, the offender is a public officer, or a public authority is touched. Teachers are considered persons in authority for this crime. The main difference between direct assault and resistance/disobedience is

Uploaded by

Karissa Tolentino
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
  • Direct Assault

DIRECT ASSAULT

What is direct assault and how is it committed?


Direct assault can be committed in two ways. First is by using force or intimidation
for the attainment of any of the purposes as enumerated in the crimes of rebellion and
sedition; and second, by using force or by seriously resisting any persons in authority
while the latter are engaged in the performance of their official duties.
All of these instances occur when there is no public uprising because if there is an
uprising, the crime may qualify as rebellion.
Of the two, the second mode of the commission of the crime of direct assault is more
common.
What are the elements of the second mode of committing direct assault?
The elements are: 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.

What is a qualified direct assault?

Direct assault can either be simple or qualified. A qualified direct assault means
that there is weapon employed in the attack, that the offender is a public officer and that
the offender lays hands on a public authority.

What does “person in authority” means?

“Person in authority” means any person directly vested with jurisdiction, whether
as an individual or as a member of some court or governmental corporation, board, or
commission, shall be deemed a person in authority.

And “directly vested with jurisdiction” means the power or authority to execute the laws.

Are “teachers” considered “persons in authority”?

Yes. Teachers, professors and persons in charged with the supervision of public
or duly recognized private schools, colleges and universities are persons in authority, in
applying the provisions of Articles 148 (Direct Assault) and 151 (Resistance and
Disobedience to A Person in Authority or the Agents of Such Persons). For other
purposes, such as to increase the penalty by reason of the aggravating circumstances
where a person in authority is involved, the teachers and professors are not persons in
authority.

What are the main difference between Articles 148 (Direct Assault) and 151
(Resistance and Disobedience to A Person in Authority or the Agents of Such
Persons)?

In direct assault, the crime is committed in 4 manners: attack, employs force,


makes a serious intimidation, or makes a serious resistance while for Article 152, there
only a mere disobedience and no force is employed.

DIRECT ASSAULT What is direct assault and how is it committed? Direct assault can be committed in two ways. First is by

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