18. People Vs Gelig.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S People vs. Gelig (G.R. No. 173150)

Facts: The petitioner is Lydia C. Gelig. The respondent is the People of the Philippines. In the case at bar, on July 17, 1981, after learning that petitioner’s son that his teacher called him a “sissy” while in class, this caused petitioner confronted the private complainant Gemma Micarsos who is a public school teacher, while in the performance of official duties. The petitioner slapped the teacher in the cheek and pushed her, causing the latter to fall and hit a wall divider. As a result thereof, she suffered contusion in her maxillary area. She then continued to experience abdominal pains and started bleeding two days after the incident. On August 28, 1981, the teacher was admitted in a hospital where suffered a complete abortion. The Regional Trial Court found the petitioner guilty of the crime of Direct Assault with Unintentional Abortion. The Court of Appeals said that the teacher descended from being a person in authority to a private individual. They also said that the purpose of the petitioner was not to defy authorities but to confront the teacher. They also said that the unintentional abortion was not committed because there is no evidence that she was aware of the teacher’s pregnancy. The said Court only made her liable for serious physical injury. The petitioner was not satisfied, hence the appeal.

Issue: Is the petitioner liable for direct assault.

Held: The Supreme Court said that the petitioner is guilty of direct assault. This is because the teacher was in the performance of her duties when she was assaulted by the petitioner. The teacher was busy with paper work while supervising and looking after the needs of the pupils who are taking their recess. Thus, the assault would clearly fall under the second mode of direct assault