Article 151 of the Revised Penal Code: Resistance and disobedience
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 10951 (Wording as amended by this law.)
What does Article 151 say?
The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100, 000) shall be imposed upon any person who not being included in the provisions of the preceding articles 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 Two thousand pesos (P2, 000) to Twenty thousand pesos (P20, 000) shall be imposed upon the offender.
What does it mean in plain language?
Article 151 punishes a person who resists or seriously disobeys a person in authority or an agent, such as a police officer, while that person is performing official duties. The penalty is arresto mayor (1 month and 1 day to 6 months) and a fine of up to ₱100,000. When the disobedience to an agent is not of a serious nature, the penalty is lighter: arresto menor (1 to 30 days) or a fine from ₱2,000 to ₱20,000.
The article reads:
The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100, 000) shall be imposed upon any person who not being included in the provisions of the preceding articles 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 Two thousand pesos (P2, 000) to Twenty thousand pesos (P20, 000) shall be imposed upon the offender.
"Not being included in the provisions of the preceding articles" means Article 151 applies only when the act is not already a heavier crime, such as direct assault under Article 148.
How does it work in real life?
Ana: a push
A police officer grabs Ana's arm during a street argument and she pushes him away, without hurting him. Under Mallari and Balsamo, force that is not serious points to resistance under Article 151, not direct assault.
Lito: ignoring a lawful order
Police officers secure the scene of a crime and order onlookers to stay behind a line. Lito keeps crossing the line after several warnings. Whether this is serious disobedience under paragraph 1, minor disobedience under paragraph 2, or no crime at all depends on the facts, and is decided by the prosecutor and the court.
Rhea: a punch and a weapon
During an arrest, Rhea hits an officer hard with a bottle. A serious attack with a weapon goes beyond Article 151. It may be direct assault under Article 148.
What does this mean in practice?
- Lengths of the penalties. Arresto mayor runs from 1 month and 1 day to 6 months, and arresto menor from 1 to 30 days (Article 27). See the table of penalty durations.
- The duty must be official. Both elements look at what the officer was doing. An order outside the officer's official duties is a different situation, decided on the facts.
- Arrest and detention. See arrest without a warrant and how long police can detain you without charges.
- See also the comparison direct assault vs resistance and disobedience and the question on resisting or disobeying a person in authority.
What are the elements of resistance and disobedience?
In Mallari v. People (2020), the Supreme Court used two elements:
- A person in authority or an agent is performing an official duty, or gives a lawful order to the offender.
- The offender resists or seriously disobeys that person or agent.
Who counts as a person in authority or an agent is set by Article 152: for example, a barangay chairman is a person in authority, and anyone charged by law with keeping public order, or who comes to the aid of persons in authority, is an agent. For Articles 148 and 151, teachers, professors and lawyers performing their professional duties are also persons in authority. Mallari adds: "A police officer is an agent of a person in authority."
How is it different from direct assault?
By how serious the force or resistance is. In Balsamo v. People (2023), the Supreme Court said the two felonies "have similar elements, varying only as to the degree of seriousness of the offender's resistance", and that direct assault necessarily includes resistance or disobedience.
| Direct assault (Article 148) | Resistance or disobedience (Article 151) | |
|---|---|---|
| Force | Serious: an attack, serious intimidation or serious resistance | Resistance or serious disobedience, without the serious force of direct assault |
| Penalty | Prision correccional and a fine of up to ₱200,000 or ₱100,000, depending on the circumstances | Arresto mayor and a fine of up to ₱100,000; arresto menor or ₱2,000 to ₱20,000 for minor disobedience to an agent |
In Mallari, a person being apprehended by a police officer used force that was not dangerous, grave or severe. The Court held that the crime was resistance and disobedience under Article 151, not direct assault. In Balsamo, a man punched a police officer in the chest and shut a gate on the officer's fingers; the charge was direct assault, but the Court found him guilty only of resistance to an agent of a person in authority.
What did Republic Act No. 10951 change?
Republic Act No. 10951 (2017) raised the fines. The original 1930 text set a fine of not more than 500 pesos for paragraph 1 and 10 to 100 pesos for paragraph 2. Decisions on facts that happened before 2017, such as Mallari and Balsamo, still show those old amounts. Today the fines are up to ₱100,000 and ₱2,000 to ₱20,000.
Frequently asked questions
What is the penalty for resisting a police officer in the Philippines?
Under Article 151, as amended by Republic Act No. 10951, resisting or seriously disobeying a person in authority or an agent who is performing official duties is punished by arresto mayor (1 month and 1 day to 6 months) and a fine of up to ₱100,000.
What if the disobedience is minor?
When the disobedience to an agent of a person in authority is not of a serious nature, Article 151 provides arresto menor (1 to 30 days) or a fine from ₱2,000 to ₱20,000.
What is the difference between resistance and direct assault?
The degree of force. In Balsamo v. People (2023), the Supreme Court said the two crimes have similar elements, varying only as to how serious the offender's resistance is. Serious force is direct assault under Article 148; force that is not serious is resistance under Article 151.
Is a police officer a person in authority?
A police officer is an agent of a person in authority. The Supreme Court said so in Mallari v. People (2020).
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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