Person in Authority: Meaning
Quick answer
A person in authority is someone directly vested with jurisdiction, such as a judge or a member of a government board, and the law also gives this status to barangay chairmen. Article 152 of the Revised Penal Code sets the list. It separates persons in authority from their agents, such as police officers, and adds teachers and lawyers for two crimes only: direct assault and resistance or disobedience.
Also called: Persons in authority, Agent of a person in authority
What does Article 152 say?
Its first paragraph covers persons 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, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority.
Its second paragraph covers agents:
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, such as 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.
Its third paragraph adds teachers and lawyers:
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.
Who is who?
| Who | Status | Source |
|---|---|---|
| Anyone directly vested with jurisdiction, alone or as a member of a court, governmental corporation, board or commission | Person in authority | Article 152 |
| Barangay chairman (punong barangay) | Person in authority | Article 152; Local Government Code, Section 388 |
| Sangguniang barangay members and lupon members, in their barangay | Person in authority | Local Government Code, Section 388 |
| Teachers, professors, school supervisors | Person in authority, for Articles 148 and 151 | Article 152 |
| Lawyers performing professional duties | Person in authority, for Articles 148 and 151 | Article 152 |
| Police officers | Agent of a person in authority | Mallari v. People (2020) |
| Persons charged by law, election or appointment with keeping public order | Agent of a person in authority | Article 152 |
| Anyone who comes to the aid of persons in authority | Agent of a person in authority | Article 152 |
Section 388 of the Local Government Code says the punong barangay, the sangguniang barangay members and the members of the lupong tagapamayapa "shall be deemed as persons in authority in their jurisdictions" for purposes of the Revised Penal Code. The lupon is the barangay body that settles disputes: see katarungang pambarangay.
Why does the difference matter?
Mostly for direct assault under Article 148. As Article 148 now reads on the official text of Republic Act No. 10951, the heavier penalty applies when the assault is committed with a weapon or when the offender lays hands upon a person in authority. The article names a person in authority, not an agent, for that second circumstance. Attacks on agents are still covered by Article 148, and force that is not serious may be only resistance under Article 151.
Is the status tied to the job being done?
For direct assault, the attack must happen while the person is performing official duties or on occasion of that performance. In Gelig v. People (2010), a parent slapped and pushed a public school teacher inside the school. The Court of Appeals had treated the teacher as a private individual because she fought back. The Supreme Court disagreed: the teacher was attending to her official functions when the attack began, and the parent was convicted of direct assault.
Example
Made-up illustration: during a barangay hearing on his neighbor's complaint, Rommel shoves a member of the lupong tagapamayapa who is taking part in the hearing. Under Section 388, the lupon member is a person in authority in that barangay, and the shove happened during an official function. A teacher who is grading papers in her classroom has the same status for Articles 148 and 151. A neighbor who steps in to help a barangay chairman being attacked becomes an agent of a person in authority. Which crime fits each act is decided by the court on the evidence.
See also the table of persons in authority and agents.
Which provisions use this term?
Frequently asked questions
Who is a person in authority?
Under Article 152 of the Revised Penal Code, any person directly vested with jurisdiction, as an individual or as a member of a court or governmental corporation, board or commission. A barrio captain and a barangay chairman are also persons in authority.
Who is an agent of a person in authority?
Under Article 152, a person who, by direct provision of law, by election or by appointment, is charged with the maintenance of public order and the protection and security of life and property, and any person who comes to the aid of persons in authority.
Is a police officer a person in authority?
A police officer is an agent of a person in authority, as the Supreme Court said in Mallari v. People (2020).
Is a teacher a person in authority?
Yes, for Articles 148 and 151. Article 152 says teachers, professors and persons supervising public or duly recognized private schools, colleges and universities are deemed persons in authority when those two articles are applied.
Is a lawyer a person in authority?
For Articles 148 and 151 only, and only in the actual performance of professional duties or on the occasion of that performance, under Article 152 as amended by Batas Pambansa Blg. 873.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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