Professional Documents
Culture Documents
XIV
ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS
EDUCATION
Section 3. (1) All educational institutions shall include the study of the Constitution
as part of the curricula.
(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect
for human rights, appreciation of the role of national heroes in the historical
development of the country, teach the rights and duties of citizenship, strengthen
ethical and spiritual values, develop moral character and personal discipline,
encourage critical and creative thinking, broaden scientific and technological
knowledge, and promote vocational efficiency.
Section 5. (1) the State shall take into account regional and sectoral needs and
conditions and shall encourage local planning in the development of educational
policies and programs.
(3) Every citizen has a right to select a profession or course of study, subject to fair,
reasonable, and equitable admission and academic requirements.
(4) The State shall enhance the right of teachers to professional advancement. Nonteaching academic and non-academic personnel shall enjoy the protection of the
State.
(5) The State shall assign the highest budgetary priority to education and ensure
that teaching will attract and retain its rightful share of the best available talents
through adequate remuneration and other means of job satisfaction and fulfillment.
B. The offended party must be a PIA or a APIA and has not yet been separated from
the service. Thus the crime is committed even if at the time of commission the
PIA/APIA is on leave, on vacation, or under suspension, but no when he has retired
or was dismissed or removed.
b. Any person who comes to the aid of PIAs who is under direct assault. ( AGENTS BY
ASSISTANCE)
Note that if a teacher or lawyer is the person who comes to the assistance of
the PIA, then he is considered as an APIA.
3. Thus private persons may be victims but to a limited extent: (i). when they are
considered by law as PIAs or APIAs such as teachers and lawyers (ii). and those who
come to the aid of PIAs
C. The accused must know the victim is a PIA/APIA which fact must be alleged in the
Information
1. There must be a clear intent on the part of the accused to defy the authorities, to
offend, injure or assault the victim as a PIA/APIA
IV. Time of the Assault:
1.
If the assault is during the occasion of the performance of official duties the
motive of the accused is immaterial. As long as the victim was assaulted in his
office or in the premises where he holds office, or even while on his way to office, it
is not required that he was actually doing an act related to his duties
2.
If not on the occasion then the motive is important as the assault must be
because of the past performance of official duties by the victim. The length of time
between the performance of the duty and the time of the assault is immaterial. If
the motive cannot be established, there is no direct assault but some lesser offense.
V. Rule When Material Injury Results: The crime of Direct Assault aims to punish
lawlessness and defiance of authority and not the material injury which results from
such defiance. When material injury however results, the following are the rules:
1. Where death, serious or less serious physical injuries result, they are to be
complexed with direct assault. Example: A policeman was shot death while directing
traffic: the crime is Homicide with Direct Assault
2. If only slight physical injuries are committed, the slight physical injury is a
qualifying circumstance separate offense if the victim is a PIA but it will be absorbed
if the victim is an APIA ( PP. vs. Acierto, 57 Phil. 614)
VI. When the Attack does not Constitute Direct Assault:
1. If both accused and victim are PIAs/APIAs and they contend or there is conflict
arising from the exercise of their respective functions or jurisdictions. Examples:
(a). A fight between the Incumbent Mayor and the Acting Mayor as to who shall
occupy the office
(b). NBI vs. Police concerning who shall take custody of a suspect
2. Where the PIA/APIA act with abuse of their official functions, or when they exceed
their powers they are deemed to be acting in a private capacity. They become
aggressors and the accused has a right to defend himself
3. Where they voluntarily descend to matters which are purely personal. But not
when the PIA/APIA is dragged down to purely personal matters by the accused.
VII. Qualified Direct Assault:
1.
When the accused lays hand upon the victim who is a PIA
2.
3.
A. The essence is the failure to comply with, or refusal to obey, orders directly
issued by the authorities. Such orders are peremptory and not merely a declaration
of facts or rights. They are directed to the accused for compliance or
implementation without allowing any exercise of discretion by him.
B. Whether it be resistance or disobedience depends upon the degree of defiance
by the offender
C. Examples:
1. Refusal to submit to the authority of the police and proceed to the police station
by pushing and shoving the police