Persons in Authority and Agents (Art. 152)
Who is a person in authority and who is only an agent under Article 152 RPC and the Local Government Code: barangay officials, teachers, lawyers, police.
| Who | Status under the law | What the law or ruling says | Source |
|---|---|---|---|
| Anyone directly vested with jurisdiction, alone or as a member of a court or of a governmental corporation, board or commission (for example, a judge) | Person in authority | Article 152, first paragraph: "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" | Revised Penal Code, Article 152 as amended by Batas Pambansa Blg. 873, Supreme Court E-Library |
| Barrio captain, barangay chairman | Person in authority | Article 152, first paragraph: "A barrio captain and a barangay chairman shall also be deemed a person in authority." | Revised Penal Code, Article 152 as amended by Batas Pambansa Blg. 873, Supreme Court E-Library |
| Punong barangay, sangguniang barangay members and members of the lupong tagapamayapa, in their own barangay | Person in authority | Section 388: "For purposes of the Revised Penal Code, 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" | Local Government Code (Republic Act No. 7160), Sec. 388, Supreme Court E-Library |
| Anyone charged by law, election or appointment with keeping public order and protecting life and property (the article gives as examples a barrio councilman, a barrio policeman and a barangay leader) | Agent of a person in authority | Article 152, second paragraph: such a person "shall be deemed an agent of a person in authority" | Revised Penal Code, Article 152 as amended by Batas Pambansa Blg. 873, Supreme Court E-Library |
| Anyone who comes to the aid of persons in authority | Agent of a person in authority | Article 152, second paragraph: "any person who comes to the aid of persons in authority". Section 388 of the Local Government Code says the same of "any barangay member who comes to the aid of persons in authority" | Revised Penal Code, Article 152 as amended by Batas Pambansa Blg. 873, Supreme Court E-Library |
| Other barangay officials and members designated by law or ordinance to keep public order, protect life and property, or maintain a balanced environment | Agent of a person in authority | Section 388: "other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and security of life and property, or the maintenance of a desirable and balanced environment" | Local Government Code (Republic Act No. 7160), Sec. 388, Supreme Court E-Library |
| Police officer | Agent of a person in authority | Mallari v. People (2020): "A police officer is an agent of a person in authority." | Mallari v. People, G.R. No. 224679, February 12, 2020, Supreme Court E-Library |
| Teachers, professors, and persons supervising public or duly recognized private schools, colleges and universities | Person in authority, but only when Articles 148 and 151 are applied | Article 152, third paragraph (first added by Commonwealth Act No. 578 in 1940) | Revised Penal Code, Article 152 as amended by Batas Pambansa Blg. 873, Supreme Court E-Library |
| Lawyers in the actual performance of their professional duties or on the occasion of that performance | Person in authority, but only when Articles 148 and 151 are applied | Article 152, third paragraph, as amended by Batas Pambansa Blg. 873 (1985) | Revised Penal Code, Article 152 as amended by Batas Pambansa Blg. 873, Supreme Court E-Library |
Notes
- Why it matters: attacking, using force on, seriously intimidating or seriously resisting a person in authority or an agent, while that person is doing official duties or because of them, can be direct assault under Article 148. Resisting or seriously disobeying them can be resistance and disobedience under Article 151.
- The degree of force also matters. In Mallari v. People (2020), the Supreme Court held that when a person being arrested resists a police officer with force that is not serious, the crime is resistance and disobedience under Article 151, not direct assault.
- The status is tied to the duty. A teacher or a lawyer is a person in authority only for Articles 148 and 151, and a lawyer only while doing professional duties or because of them.
- This table lists only the persons named in Article 152, in Section 388 of the Local Government Code and in the ruling cited. It does not decide the status of anyone else.
- Made-up example: Liza teaches at a public elementary school. A parent slaps her inside the classroom during class because of a grade. Under Article 152, Liza is a person in authority for Article 148, so the act may be direct assault and not only physical injuries.
- Made-up example: Carlo pulls his arm away and pushes a police officer who is arresting him, without serious force. The police officer is an agent of a person in authority, and following Mallari the act may be resistance and disobedience under Article 151.
- Related: Person in authority (meaning), Direct assault penalty, Resisting or disobeying a person in authority, Katarungang pambarangay. If you face a case, see Free legal help.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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