Professional Documents
Culture Documents
Article 177 - People VS Lidres
Article 177 - People VS Lidres
Article 177 - People VS Lidres
Martinez
Criminal Law II 1B
Judge Antonio Pangan
March 2016
Facts:
Defendant Dionisio Lidres and Josita Diotay filed their applications as
substitute teachers at Biasong Elementary School at Balamban, Cebu to fill
up the vacancy of a certain Magdalena P. Echavez, who applied for and was
granted a maternity leave from the first school day of January and ending on
March, in 1954.
On February 12, 1954, Lidres went to the said school with a prepared
resignation letter for the signature of Diotay. Diotay refused to sign the letter.
Lidres still took over Diotays class on February 22. As a result, both held
classes, Diotay on 2 rows of pupils and Lidres on the remaining rows.
Lidres actions and his insistence on taking over his class were
reported to the principal teacher. Both of them were advised by the
supervising teacher. However, Lidres took over Diotays class once more on
February 23 the same year, without any authority.
Dionisio Lidres was charged in the Court of First Instance of Cebu with
the crime of usurpation of official functions as defined and penalized in
Republic Act No. 10.
Appellant Lidres contends in his appeal that Republic Act No. 10 is not
applicable to his case because said law is an emergency measure and
intended to apply only to members of subversive organizations.
Under Republic Act No. 379, the law in force at the time of the
commission of the alleged offense by defendant, pretense of official
position is an essential element of the crime of usurpation of official
functions. But the information specifically charges that defendant committed
the offense "without pretense of official position".
Issue:
Held/Ruling:
It is neither alleged in the information nor proved during the trial that
defendant is a member of seditious organizations engaged in subversive
activities. DionisioLidres could not be held liable or found guilty under the
said provision of Republic Act No. 10.