Republic of the Philippines

8th Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
xxx
PEOPLE OF THE PHILIPPINES,
Plaintiff;

Criminal Case No. xxx

For:
RESISTANCE AND DISOBEDIENCE TO
AN AGENT OF A PERSON IN
AUTHORITY UNDER ART. 151 OF THE
REVISED PENAL CODE

-versus-

xxx
Accused.
x-------------------------------------------x

RESOLUTION
For resolution is a Demurrer to Evidence praying that this case be dismissed
due to the following grounds:
1.
2.

3.

The prosecution failed to prove the elements of the crime of resistance and
disobedience to an agent of a person in authority;
The inability of the prosecution to produce hard factual evidence to
corroborate its claim such as the police report/blotter in which the complainant
himself is a police officer vis--vis the absence of any witnesses taken as a
whole is indicative of the prosecutions frail and raw-cooked case against the
accused;
The prosecutions claim that accused hit the complainant in the lip in the
course of its alleged resistance and disobedience cannot be proved considering
that the doctor who examined the complainant did not testify as to its findings
contained in the medico-legal report.

Accused argues, that, while he agrees that at the time of the incident, the
police officers were actively engaged in the performance of their official duties and
functions, they, however, have wrongfully went beyond the borders of their
authority when they arrested the wrong person who happens to have the same first
name xxx.
On the other hand, the prosecution counters that, when police officers xxx
and xxx testified in this case, they personally saw the accused shouting and
challenging anybody to a fight, and were in fact able to identify and point the
accused in open court, as the same person they saw creating a commotion,
delivered fistic blow and hit PINSP. xx and was subsequently arrested by said
police officers.

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The Court finds that the People has presented sufficient evidence to prove all
the elements of the crime as defined under Paragraph 1 of Article 151 of the
Revised Penal Code, to wit:
The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed
upon any person who not being included in the provisions of the preceding articles shall
resist or seriously disobey any person in authority, or the agents of such person, while
engaged in the performance of official duties.

The Peoples evidence, if not overcome by the accused by contrary evidence,

is sufficient to convict him of a crime.
PINSP. xxx, in no uncertain terms, testified that he saw the accused shouting
and challenging somebody to a fight, while SPO4 xxx likewise vowed that he saw
the accused as drunk, very unruly and shouting invective words. The two police
officers went to the place of incident in a response to a request for police assistance
from a certain xxx. They tried to pacify the accused who instead of heeding them,
arrogantly told them that he is not afraid of police officers and consequently
delivered a fistic blow, hitting PINSP. xxx mouth.
WHEREFORE, the Demurer to Evidence is denied for lack of merit.
SO ORDERED.
xxx

xxx
Presiding Judge

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