Jonah Mallari Case Digest

 

Case Digest

Case: JONAH MALLARI Y SAMAR V. PEOPLE OF THE PHILIPPINES (G.R. No. 224679, February 12, 2020) Facts of the case:

When the early morning of January 12, 2007 at around 6:45 6 :45 am. The Olongapo Police Staon 3 received a report of an altercaon on the ground oor of GenX Billiard Hall on Gordon Avenue. PO2 Navarro and SPO3 Merza, who are both in duty, went to the scene. Then they found two groups of women ghng and pulling each other's hair out, among them a visibly drunk Mallari. The ocers rushed to stop the ght. Then ocers invite them to police staon to le a complaint but Mallari was of drunkenly kicking the legs and slapping the face of Police Ocer 2 (PO2) Richard Navarro while the laer pacied her during a squabble at a billiard hall. The incident was entered in the bloer and Mallari was detained for direct assault. PO2 Navarro was treated at the James Gordon Memorial Hospital for the minor injuries he got from Mallari.13 Dr. Orz issued him a medical cercate stang that he had sustained swelling on the zygomac area, or the cheekbone. c heekbone. During invesgaon Mallari her defense, said that the ocer held her feet, pulled her to the ground, and caused her to hit her head, neck and buocks. She complained of unlawful aggression against her honor and dignity. Mallari later led a Complaint against PO2 Navarro and SPO3 Merza for unlawful arrest, illegal detenon, maltreatment of prisoners, and physical injuries. ISSUE: Whether or not Mallari commied direct assault. SC Ruling: The SC stressed that to be considered the Municipal Trial Court found Mallari guilty beyond

reasonable doubt of direct assault direct assault, the laying of hands or the use of physical force against the authories must be serious. Mallari also admied that she kick PO2 Navarro and grabbed his shirt while he was performing his ocial dues. Then the Court of Appeals found that PO2 Navarro's tesmony was credible and clear on how the incident occurred, while Mallari was unable to substanate her claims. It held that Mallari was the aggressor and PO2 Navarro was only compelled to restrain her as she was kicking him. Peoner Jonah Mallari y Samar is hereby sentenced to suer an indeterminate penalty of two (2) months of arresto mayor as minimum, to two (2) years and four (4) months of prision correccional as maximum. He is likewise ordered to pay a ne of Five F ive Hundred (Php500.00) Pesos.

Cañete, Jan Kethley