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US Vs Gumban

1) Petronilo Gumban, the municipal president of Jaro, Iloilo, was inspecting animal quarantines when Gregorio Ismana reported catching a carabao destroying crops and bringing it to the police station. 2) Epifanio and Nicomedes Gumban, brothers of the carabao's owner, protested at the police station. When the president said Ismana was right to bring the carabao there, Nicomedes insulted and slapped the president. 3) The court found Nicomedes guilty of assaulting a person in authority, as the president was performing his official duties when assaulted.

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Justin Andre Siguan
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314 views1 page

US Vs Gumban

1) Petronilo Gumban, the municipal president of Jaro, Iloilo, was inspecting animal quarantines when Gregorio Ismana reported catching a carabao destroying crops and bringing it to the police station. 2) Epifanio and Nicomedes Gumban, brothers of the carabao's owner, protested at the police station. When the president said Ismana was right to bring the carabao there, Nicomedes insulted and slapped the president. 3) The court found Nicomedes guilty of assaulting a person in authority, as the president was performing his official duties when assaulted.

Uploaded by

Justin Andre Siguan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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US vs Gumban

Facts:

Petronilo Gumban, municipal president of Jaro, Iloilo, was in the barrio of Pavia, inspecting the
quarantine of animals. He was getting some information from a councilor, Magdaleno Suliano, regarding
the condition of the animals in his barrio when Gregorio Ismana, tenant of Suilano, arrived to report that
he had surprised a carabao belonging to Policarpio Gumban destroying the planted area belonging to
Suilano, and that having seized the carabao, he brought the same to the police station at Pavia, which is
within the zone affected by quarantine. Then, Epifanio Gumban and the accused Nicomedes
Gumban,brothers of Policarpio, arrived there and protested to the president that their brother’s
carabao was taken to Pavia, which is within the zone affected by the quarantine. The president, upon
hearing the protest, said that it was his opinion that Gregorio Ismana was right in taking the carabao to
the police station. However, he promised to intervene in the matter and to telephone to the man in
charge of the quarantine to find out whether, in the following day, the said carabao could not be
withdrawn from the zone affected by the quarantine.

Upon hearing this statement of the president, the accused insulted the said president and gave him a
slap on the face which struck his left ear.

Issue:

Whether or not there is assault upon persons in authority?

Held:

Yes, according to the doctrine above set forth, (art 250, now art 148) the facts proved in this case
invlolve all the necessary elements that constitutes the crime of assault, inasmuch as the offended
party, being a municipal president, was a person in authority and was in the performance of his official
duty. The difference in this case to the other cases where a degree of force is needed is that in the
present case, the crime involved is that of assault upon a person in authority, in which the force
necessary to constitute an assault, since the law itself defines concretely this force in providing that it
consists in laying hands upon the person. The law simply mentions the laying hands. Without making
any distinction when the law does not make it.

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