Resistance And Disobedience To A Person In Authority Or The Agent Of Such Person
On Criminal Law
Resistance and Disobedience To A Person In Authority Or The Agent Of Such Person
ART.151.
ELEMENTS of RESISTANCE and SERIOUS DISOBEDIENCE (par. 1):
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;
2. That the offender resists or seriously disobeys such person in authority or his agent; and
3. That the act of the offender is not included in the provisions of arts. 148, 149, and 150.
ELEMENTS of SIMPLE DISOBEDIENCE (par. 2)
1. That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender;
2. That the offender disobeys such agent of a person in authority; and
3. That such disobedience is not of a serious nature.
NOTES:
While being arrested and there’s serious resistance, person resisting must know that the one arresting him is an officer
Picketing (economic coercion) must be lawful otherwise police can disperse them
Disobedience in 2nd par. must not be serious. Otherwise, it will fall under the 1st par.
Resistance mustn’t be serious otherwise it’s direct assault.
The accused must have knowledge that the person giving the order is a peace officer.
Resistance and Disobedience Penalty
The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties.
When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon the offender.
The duration of the penalty of arresto mayor shall be from one month and one day to six months.
The duration of the penalty of arresto menor shall be from one day to thirty days.
ART.151.
ELEMENTS of RESISTANCE and SERIOUS DISOBEDIENCE (par. 1):
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;
2. That the offender resists or seriously disobeys such person in authority or his agent; and
3. That the act of the offender is not included in the provisions of arts. 148, 149, and 150.
ELEMENTS of SIMPLE DISOBEDIENCE (par. 2)
1. That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender;
2. That the offender disobeys such agent of a person in authority; and
3. That such disobedience is not of a serious nature.
NOTES:
While being arrested and there’s serious resistance, person resisting must know that the one arresting him is an officer
Picketing (economic coercion) must be lawful otherwise police can disperse them
Disobedience in 2nd par. must not be serious. Otherwise, it will fall under the 1st par.
Resistance mustn’t be serious otherwise it’s direct assault.
The accused must have knowledge that the person giving the order is a peace officer.
Resistance and Disobedience Penalty
The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties.
When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon the offender.
The duration of the penalty of arresto mayor shall be from one month and one day to six months.
The duration of the penalty of arresto menor shall be from one day to thirty days.
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