Title
Amendment on Persons in Authority under Penal Code
Law
Republic Act No. 1978
Decision Date
Jun 22, 1957
Republic Act No. 1978 defines persons in authority and agents of persons in authority, providing protection and upholding their authority in carrying out their duties, with immediate effect upon approval.

Legal basis and amendments made

  • Section 1 amends Article 152 of the Revised Penal Code, as amended by Commonwealth Act No. 578.
  • Republic Act No. 1978 changes the rules on who qualifies as a “person in authority” and who qualifies as an “agent of a person in authority.”
  • Section 1 expressly anchors the expanded classifications to the application of the preceding and other articles of the Code.

Policy and purpose statements

  • Republic Act No. 1978 establishes expanded coverage for persons treated as persons in authority and agents of persons in authority in applying the Revised Penal Code.

Definitions: persons in authority

  • Article 152 provides that any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission, is deemed a person in authority.
  • Article 152 provides that a barrio lieutenant is also deemed a person in authority.

Definitions: agents of persons in authority

  • Article 152 provides that any person who, by direct provision of law or by election or by appointment by competent authority, is charged with maintenance of public order and protection and security of life and property is deemed an agent of a person in authority.
  • Article 152 specifically includes as such agents a barrio vice-lieutenant, barrio councilman, and barrio policeman.
  • Article 152 provides that any person who comes to the aid of persons in authority is deemed an agent of a person in authority.

Classification tied to specific Articles

  • Article 152 requires applying the relevant Code provisions so that, for purposes of Articles 148 and 151, teachers, professors, and persons charged with the supervision of public or duly recognized private schools, colleges and universities are deemed persons in authority.
  • Article 152 links these teacher/supervisor classifications expressly to the application of Articles 148 and 151 of the Revised Penal Code.

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