Article 151-Resistance and Disobedience to a Person in Authority or the Agents of Persons in Authority

Question 1

What is Article 151?

Answer 1

Resistance and disobedience to a person in authority or the agents of such person–The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000.00) shall be imposed upon any person who not being included in the provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties.

When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor or a fine ranging from Two thousand pesos (P2,000.00) shall be imposed upon the offender.

Question 2

What are the elements of resistance and serious disobedience?

Answer 2

1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender
2. That the offender resists or seriously disobeys such person in authority or his agent
3. That the act of the offender is not included in the provisions of Art. 148, 149, 150

Question 3

What are included in Art. 148, 149 and 150?

Answer 3

148–Direct assault
149–Indirect assault
150–Disobedience to summons issued by Congress, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions

Question 4

Explain the phrase “while engaged in the performance of official duties”.

Answer 4

This indicates that in a crime of resistance and disobedience, the person in authority or the agen must be in the actual performance of his official duties because there can be no resistance or disobedience when there is nothing to resist or disobey.

Question 5

Does disobeying a writ of execution issued by the court punishable under Art. 151?

Answer 5

No. The disobedience contemplated in 151 refers to refusal to obey a direct order. A writ of execution is an order addressed to the sheriff and not to the defendant. A person cannot be guilty of disobedience to an order not addressed to him.

Question 6

What are the elements of simple disobedience?

Answer 6

1. That an agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender.
2. That the offender disobeys such agent of a person in authority
3. That such disobedience is not of a serious nature

Question 7

Who is the offended party in simple disobedience?

Answer 7

The agent of a person in authority

Question 8

What is picketing?

Answer 8

Picketing, Act by workers of standing in front of or near a workplace to call attention to their grievances, discourage patronage, and, during strikes, to discourage strikebreakers.

Question 9

Distinguish direct assault and resistance or serious disobedience

Answer 9

1. In DA, the person in authority or his agent must be enganged in the performance of their duties of that he is assaulted by reason thereof; in RSD, the PIA must be in the actual performance of his duties.
2. DA is committed in 4 ways: 1) by attacking, 2) by employing force, 3) by seriously intimidating and d) by seriously resisting; RSD is committed only by resisting or disobeying
3. In both DA by resisting an agent and RSD against an agent of PIA, there is force employed, but in RSD the force is not so serious, there is no manifest intention to defy the law. While in DA, the attack must be serious and deliberate

Question 10

What is the crime when the attack is not deliberate?

Answer 10

resistance or disobedience (not direct assault)