EDMUND SYDECO y SIONZON vs. PEOPLE OF THE PHILIPPINES, G.R. No. 202692, November 12, 2014
“x x x.
Going over the records, it is fairly clear that what triggered the confrontational stand-off between the police team, on one hand, and petitioner on the other, was the latter’s refusal to get off of the vehicle for a body and vehicle search juxtaposed by his insistence on a plain view search only.
Petitioner’s twin gestures cannot plausibly be considered as resisting a lawful order.28 He may have sounded boorish or spoken crudely at that time, but none of this would make him a criminal.
It remains to stress that the petitioner has not, when flagged down, committed a crime or performed an overt act warranting a reasonable inference of criminal activity. He did not try to avoid the road block established. He came to a full stop when so required to stop.
The two key elements of resistance and serious disobedience punished under Art. 151 of the RPC are: (1) That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender; and (2) That the offender resists or seriously disobeys such person or his agent.29
X x x.”