QuestionsQuestions (Republic Act No. 9775)
Republic Act No. 379, approved on June 14, 1949.
Article 177 (Usurpation of authority or official functions).
1) Knowingly and falsely representing oneself as an officer/agent/representative of a Philippine or foreign government department or agency; or 2) Under pretense of official position, performing any act pertaining to a person in authority/public officer without being lawfully entitled.
The offender must knowingly and falsely represent himself as an officer/agent/representative; i.e., awareness of the falsity and intent to misrepresent status.
It means the acts are done while presenting oneself as having an official status, such that the performance of acts is justified/appears official even though the person is not lawfully entitled.
The act must pertain to any person in authority or public officer of the Philippine Government or of any foreign government (or agency thereof).
It requires that the offender lacks legal authority or entitlement to perform the act; lawful appointment/authority is absent.
It covers both—officers/agents/public officers of the Philippine Government and of any foreign government, including their agencies.
Prision correccional in its minimum and medium periods.
No. The offense is precisely the knowingly and falsely representing oneself as such without being lawfully entitled.
Any act pertaining to a person in authority or a public officer, performed under pretense of official position and without lawful entitlement.
The offense is not limited to a particular class; any person who commits the prohibited acts may be liable.
Yes. The misrepresentation must be as an officer/agent/representative of a department or agency of the Philippine Government or a foreign government (and similarly for the officer/agency context in the second mode).
Upon its approval.