Persons In Authority and Agents of Persons in Authority
On Criminal Law
Person In Authority And Agents Of Persons In Authority - Who Shall Be Deemed As Such?
PERSON IN AUTHORITY – any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission.
They include:
a. Barangay captain
b. Barangay chairman
For the purposes of Art. 148 and 151:
a. Teachers
b. Professors
c. Persons charged with the supervision of public or duly recognized private schools, colleges, and universities
d. Lawyers in the actual performance of their professional duties or on the occasion of such performance
AGENT OF PERSON IN AUTHORITY – any person who, by direct provision of law or by-election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. They include:
a. Barrio councilman
b. Barrio policeman
c. Barangay leader
d. Any person who comes to the aid of persons in authority
Notes:
Section 388 of the Local Gov’t. Code provides that for purposes of the RPC, the
punong barangay, sangguniang barangay members and members of the lupong tagapamayapa
in each barangay shall be deemed as persons in authority in their jurisdictions.
Other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and the security of life, property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority shall be deemed agent of persons in authority.
It seems that teachers, professors, lawyers, etc could be considered as persons in authority not only for Arts. 148 and 151 but also for Art 149 (L.B. Reyes)
Bar Exam Question (2000)
Who are deemed to be persons in authority and agents of persons in authority?
Suggested Answer:
Persons in authority are persons directly vested with jurisdiction, whether as an individual or as a member of some court or government corporation, board, or commission. Barrio captains and barangay chairmen are also deemed persons in authority. (Article 152, RPC)
Agents of persons in authority are persons who by direct provision of law or by-election or by appointment by a competent authority, are charged with the maintenance of public order, the protection, and security of life and property, such as barrio councilman, barrio policeman, barangay leader and any person who comes to the aid of persons in authority (Art. 152, RPC), In applying the provisions of Articles 148 and 151 of the Rev. Penal Code, teachers, professors, and persons charged
with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority. (P.D. No. 299, and Batas Pambansa Blg. 873).
ART.152.
Persons in authority and agents of persons in authority; Who shall be deemed as such. - In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority.
A person who, by direct provision of law or by-election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman, and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority.
In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority. (As amended by PD No. 299, Sept. 19, 1973, and Batas Pambansa Blg. 873, June 12, 1985).
PERSON IN AUTHORITY – any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission.
They include:
a. Barangay captain
b. Barangay chairman
For the purposes of Art. 148 and 151:
a. Teachers
b. Professors
c. Persons charged with the supervision of public or duly recognized private schools, colleges, and universities
d. Lawyers in the actual performance of their professional duties or on the occasion of such performance
AGENT OF PERSON IN AUTHORITY – any person who, by direct provision of law or by-election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. They include:
a. Barrio councilman
b. Barrio policeman
c. Barangay leader
d. Any person who comes to the aid of persons in authority
Notes:
Section 388 of the Local Gov’t. Code provides that for purposes of the RPC, the
punong barangay, sangguniang barangay members and members of the lupong tagapamayapa
in each barangay shall be deemed as persons in authority in their jurisdictions.
Other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and the security of life, property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority shall be deemed agent of persons in authority.
It seems that teachers, professors, lawyers, etc could be considered as persons in authority not only for Arts. 148 and 151 but also for Art 149 (L.B. Reyes)
Bar Exam Question (2000)
Who are deemed to be persons in authority and agents of persons in authority?
Suggested Answer:
Persons in authority are persons directly vested with jurisdiction, whether as an individual or as a member of some court or government corporation, board, or commission. Barrio captains and barangay chairmen are also deemed persons in authority. (Article 152, RPC)
Agents of persons in authority are persons who by direct provision of law or by-election or by appointment by a competent authority, are charged with the maintenance of public order, the protection, and security of life and property, such as barrio councilman, barrio policeman, barangay leader and any person who comes to the aid of persons in authority (Art. 152, RPC), In applying the provisions of Articles 148 and 151 of the Rev. Penal Code, teachers, professors, and persons charged
with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority. (P.D. No. 299, and Batas Pambansa Blg. 873).
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