Petitioner Lydia, a public school teacher, assaulted her fellow teacher Gemma Micarsos while on duty, for calling her son “sissy”. She slapped and pushed her that caused the latter to fall and hit the wall divider from which she suffered a contusion. Gemma also claimed that she bled two days after the incident which led to an incomplete abortion of her baby which was found out 42 days later.
The RTC convicted Lydia for a complex crime of direct assault with unintentional abortion. On appeal, the CA set aside the RTC ruling and found the herein petitioner guilty of slight physical injury for the reason that Gemma descended into being a private citizen and not as person in authority the time that she engaged with a fight with the petitioner. Unsatisfied, Lydia impugns the CA ruling before the SC.
Whether or not Lydia is guilty of direct assault under Article 148.
Yes, Lydia is guilty of the 2nd kind of direct assault–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, or on occasion of such performance.
Gemma being a public school teacher, belongs to the class of persons in authority expressly mentioned in Article 152 of the Revised Penal Code, as amended.