Legal Basis and Amended Provision
- Section 1 amends Article 177 of Act No. 3815 (Revised Penal Code).
- Article 177 is re-titled and reads: “ART. 177. Usurpation of authority or official functions.”
Prohibited Acts: Usurpation of Authority
- Article 177 penalizes any person who knowingly and falsely represents himself to be an officer, agent, or representative of any department or agency of the Philippine Government or of any foreign government.
- Article 177 penalizes any person who, under the pretense of official position, performs any act pertaining to any person in authority or public officer of the Philippine Government or of any foreign government, or any agency thereof.
- Article 177 applies when the act is done without being lawfully entitled to do so.
Elements and Mens Rea
- Article 177 requires that the accused knowingly and falsely represents himself as an officer, agent, or representative.
- Article 177 covers conduct done under pretense of official position to perform acts that pertain to persons in authority or public officers.
Penalty Imposed
- Article 177 imposes the penalty of prision correctional in its minimum and medium periods for the prohibited usurpation acts.