Question & AnswerQ&A (BATAS PAMBANSA BLG. 873)
The main purpose of Batas Pambansa Blg. 873 is to amend Article 152 of the Revised Penal Code by considering lawyers as persons in authority when performing their professional duties or on the occasion thereof.
Persons in authority are those directly vested with jurisdiction, whether individually or as members of a court or governmental body. This includes barrio captains and barangay chairmen.
Persons charged by law, election, or appointment with maintaining public order and protecting life and property (e.g., barrio councilman, barrio policeman, barangay leader) and anyone who aids persons in authority are deemed agents of persons in authority.
Teachers, professors, persons charged with supervising public or duly recognized private educational institutions, and lawyers performing their professional duties or on such occasion, are considered persons in authority.
The amendment took effect thirty (30) days after its publication in the Official Gazette following approval on June 12, 1985.
Article 152 of the Revised Penal Code was the specific article amended.
Articles 148 and 151 apply in the context of teachers, professors, school supervisors, and lawyers when performing their duties or on the occasion of such performance, considering them persons in authority under the law.
Yes, a barrio captain and barangay chairman are explicitly considered persons in authority under Article 152.
Barangay leaders who are charged with public order and protection are considered agents of persons in authority.
Considering lawyers as persons in authority affords them protections and recognitions under the law during the actual performance of their professional duties or on the occasion thereof, similar to other public officers.