CRIMES AGAINST PERSONS IN AUTHORITY AND THEIR AGENTS A.
They include: (1) Direct Assault (2) Indirect Assault (3) Resistance and Disobedience and (4) Disobedience to Summons of Congress and Constitutional Commissions B. Distinctions between: 1. Public officer- any person who takes part in the performance of public functions in the government (Art. 203)
1. Person in authority( PIA)- one who is directly vested with jurisdiction to execute or enforce the laws 2. Agent( APIA)- one who is generally charged with the maintenance of peace and order and the
protection and security of life and property 4. Hence a public officer is not necessarily a PIA or APIA but the latter are always public officers. Art. 148 Revised Penal Code. Direct Assault I. There are two kinds the first being: Without a public uprising by employing force or intimidation to attain any of the purposes of rebellion or sedition. This is very rare. It is the second form which is commonly committed. II. Second kind is committed when, without a public uprising, the offender: (i) Attacks (ii) Employs force (iii) Seriously intimidates or seriously resists (iv) Any person in authority or his agent (v) while engaged in the performance of official duties or on the occasion thereof (vi) knowing him to be such. III. Requirements: A. There must be an attack or employment of force or serious intimidation, upon the person of the victim. This includes any offensive or antagonistic movement of any kind, with or without a weapon. This may be an actual physical contact or the instilling of fear or threat of an evil on the person of the victim, but not on his property. 1. Examples: boxing, pointing a gun, brandishing a weapon, shouting and berating, challenging to a fight, throwing an article at him 2). The degree of force required depends on whether the victim is a PIA or APIA. In case of a PIA actual forced is not necessary because mere laying of hands is sufficient, such as by pushing or shoving him or pulling at his collar. If he were an APIA, actual force is required because mere laying of hands would constitute simple resistance 3). As to intimidation and resistance the same must be serious and actual whether the victim is a PIA or APIA otherwise the offense is resistance and disobedience under article 151. B. The offended party must be a PIA or a APIA and has not yet been separated from the service. Thus the crime is committed even if at the time of commission the PIA/APIA is on leave, on vacation, or under suspension, but no when he has retired or was dismissed or removed. 1. The following are PIAs: a). Any person directly vested with jurisdiction i.e he has the power to govern, execute the laws and administer justice b). Teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities. They must be within the school premises during school hours or are actually performing the tasks outside the school premises c). Lawyers in the actual performance of their professional duties or on the occasion of such performance Note that teachers and lawyers are PIAs only for purposes of Direct Assault and Resistance and Disobedience but not for purposes of Indirect Assault
But Members of the AFP are not included b. NBI vs. 3. Police concerning who shall take custody of a suspect
. or even while on his way to office. and those who come to the aid of PIAs C. then he is considered as an APIA. V. Thus private persons may be victims but to a limited extent: (i). 614) VI. When material injury however results. Under the Local Government Code: (a) the Punong Barangay. serious or less serious physical injuries result. The length of time between the performance of the duty and the time of the assault is immaterial. Example: A policeman was shot death while directing traffic: the crime is Homicide with Direct Assault 2. The following are APIAS: a. The accused must know the victim is a PIA/APIA which fact must be alleged in the Information 1. Where death. there is no direct assault but some lesser offense. 57 Phil. The postmaster being the agent of the Director of Posts (v). If both accused and victim are PIAs/APIAs and they contend or there is conflict arising from the exercise of their respective functions or jurisdictions.Municipal treasurer being the agent of the provincial treasurer (iv). If the motive cannot be established. to offend. When the Attack does not Constitute Direct Assault: 1. ( AGENTS BY ASSISTANCE) *Note that if a teacher or lawyer is the person who comes to the assistance of the PIA. Law Enforcement Agents such as the PNP and the NBI irrespective of their rank (ii). There must be a clear intent on the part of the accused to defy the authorities. If the assault is during the occasion of the performance of official duties the motive of the accused is immaterial. Those who. injure or assault the victim as a PIA/APIA IV. Examples: (a). Rule When Material Injury Results: The crime of Direct Assault aims to punish lawlessness and defiance of authority and not the material injury which results from such defiance. vs. Barangay Tanods (iii). or by election or by appointment. Any person who comes to the aid of PIAs who is under direct assault. Acierto. the slight physical injury is a qualifying circumstance separate offense if the victim is a PIA but it will be absorbed if the victim is an APIA ( PP. If only slight physical injuries are committed. If not on the occasion then the motive is important as the assault must be because of the past performance of official duties by the victim. As long as the victim was assaulted in his office or in the premises where he holds office. by direct provision of law. when they are considered by law as PIAs or APIAs such as teachers and lawyers (ii). Time of the Assault: 1. are charged with the maintenance of public order and the protection of life and property ( AGENTS PROPER) such as : (i). (b) Sanguniang Barangay members and (c) members of the Lupong Tagapamayapa 2. it is not required that he was actually doing an act related to his duties 2.d). the following are the rules: 1. A fight between the Incumbent Mayor and the Acting Mayor as to who shall occupy the office (b). they are to be complexed with direct assault.
They are directed to the accused for compliance or implementation without allowing any exercise of discretion by him. The Mayor is pushed and shoved while on his way home by an irate person whose house was demolished. The crime on the Mayor is direct assault and the crime on the third person is also direct assault. The essence is the failure to comply with. B. or refusal to obey. or disobeying a writ of injunction
. X came to help The Chief of Police who was being pushed and shoved by vendors who were not allowed to sell on the sidewalk. A policeman is having a hard time pushing a suspect inside a police car because the suspect is pulling back. When the accused is himself a Public Officer or employee 3. The third person is himself attacked. Resistance and Disobedience I. But not when the PIA/APIA is dragged down to purely personal matters by the accused. VII. INDIRECT ASSAULT I. Direct Assault is being committed against him. A. The police is not under Direct Assault. Y came to help X but was himself kicked and boxed. Example 3. This is the gist of indirect assault. C. Qualified Direct Assault: 1. A Third person comes to his assistance. Concept: The crime committed by any person who shall resist or seriously disobey any PIA or APIA while engaged in the performance of official duties. B. 1. The person who is assaulted should not be a PIA because the third person automatically becomes an APIA and the attack on him would constitute direct assault also. Whether it be resistance or disobedience depends upon the degree of defiance by the offender C. Where they voluntarily descend to matters which are purely personal. 3. Illustrations: A. not merely Resistance or Disobedience. or when they exceed their powers they are deemed to be acting in a private capacity. orders directly issued by the authorities.2. It is not required that the assistance be by virtue of the order or request of the APIA. But if the third person directs the vendor to stop but the vendor tells him not to interfere. They become aggressors and the accused has a right to defend himself 3. II. The kicking of the third person constitutes Physical Injuries merely. 149 Revised Penal Code. What is the crime against Y? ART. A third person who came to help put the suspect inside the car was kicked by the suspect. The APIA is an agent proper such as a law enforcement agent. Examples: 1. Concept: The crime committed by any person who uses force or intimidation upon any person coming to the aid of an APIA who is under direct assault. Refusal to submit to the authority of the police and proceed to the police station by pushing and shoving the police 2. When the accused lays hand upon the victim who is a PIA 2. Example 2. Refusal to vacate premises despite writ issued by court to place a party in possession. the crime against the third person would be resistance under Article 151. When the assault is with a weapon ART. 151 Revised Penal Code. A vendor who pulls the Mayor away is himself slapped. Where the PIA/APIA act with abuse of their official functions. 2. Examples: 1. Refusal to hand over one’s driver’s license when required to do so 3. Such orders are peremptory and not merely a declaration of facts or rights. X was also kicked and boxed and thrown to the ground.
. unless the offended party is PIA b. not just by resisting and disobeying
In what place are persons in authority and agents of persons in authority considered such? . In assault the force employed is more serious. Resistance and disobedience can only be committed on the occasion of actual performance of duties by the offended party c. Direct assault is committed in 4 ways. while engaged in the performance of official duties. or on occasion of such performance. Generally. employs force. attacks.Article 148 of the Revised Penal Code provides that any person who.The elements are the following:
• • • •
There is no public uprising The offender attacks. or only in their barangays during their term of office.4.” What are the elements of direct assault involving persons in authority or any of their agents? .They are persons in authority and agents of persons in authority only in their respective jurisdictions. seriously intimidates or seriously resists.
. employs force or seriously intimidates or resists any person in authority or any of his agents. without a public uprising. But merely questioning the manner of arrest is not resistance II. Refusal to give up article subjects of lawful seizure 5. It is distinguished from direct assault thus: a. outside of their barangays they are not persons in authority or agents of persons in authority. Furthermore. shall be criminally liable for the crime of DIRECT ASSAULT. The offender knows that the one he is assaulting is a person in authority or his agent engaged in the performance of official duties or on occasion of such performance. What is the importance or significance of being a person in authority or an agent of a person in authority? . The person assaulted is a person in authority or his agent. a suspect or an accused to a crime who voluntarily surrenders to a person in authority is entitled to the mitigating circumstance of “voluntary surrender.