Assault Upon, and Resistance and Disobedience To, Persons in Authority and Their Agents

Question 1

What are the articles prescribed in this code?

Answer 1

Article 148. Direct Assault
Article 149. Indirect Assault
Article 150. Disobedience to Summons Issued By The NA, Its Committees or Subcommittees, By The Concom, Its Committees, Subcommittees, or Division
Article 151. Resistance and Disobedience To A Person In Authority or The Agents of Such Person
Article 152. Persons In Authority and Agents of Persons In Authority (Who Shall Be Deemed As Such)

Question 2

What is Article 148?

Answer 2

Direct Assault

Question 3

What are the elements of Article 148?

Answer 3

First Kind

1. Offender employs force or intimidation
2. Aim of the offender is to attain any of the purposes of rebellion or sedition
3. No public uprising

Second Kind

1. Offender makes an attack, employs force, serious intimidation, serious resistance
2. Assaulted is someone in authority or his agent
3. Engaged in the actual performance of his official duties or assaulted by reason of the past performance of such official duties
4. Offender knows the victim is a public authority/agent
5. No public up rising

Question 4

How is Article 148 committed?

Answer 4

1. Without public uprising, employing force intimidation for the attainment of any of the purposes in the crimes of rebellion or sedition
2. Without public uprising, attacking (employing force, seriously intimidating, or seriously resisting) any person in authority or his agents WHILE in the performance of official duties

Question 5

How do you qualify direct assault?

Answer 5

Simple Assault is qualified through:

1. Asssault is committed with a weapon
2. Offender is a public officer or employee
3. Offender lays hands upon a person in authority

Question 6

What is Article 149?

Answer 6

Indirect Assault

Question 7

What are the elements of Article 149?

Answer 7

1. The person in authority/agent is the victim
2. That a person comes to the aid of such authority/agent
3. Offender makes use of force or intimidation upon the helper

Question 8

What is Article 150?

Answer 8

Disobedience to Summons Issued By The NA, Its Committees or Subcommittees, By The Concom, Its Committees, Subcommittees, or Division

Question 9

What are the acts punished?

Answer 9

1. Refusing WITHOUT LEGAL CAUSE to obery summons of the NA, Concom, and similar bodies
2. Refusing to be sworn or placed under affirmation
3. By refusing to answer any legal inquiry or to produce the ff: books, documents, records, and the like in their possession when required to do so in the exercise of their function
4. Restraining another from attending as a witness
5. By inducing disobedience to a summon

Question 10

What is Article 151?

Answer 10

Resistance and Disobedience To A Person In Authority or The Agents of Such Person

Question 11

What are the elements of Article 151?

Answer 11

1. Person in authority/agent is engaged in the performance of his official duty or gives a lawful order to the offender
2. Offender resists or seriously disobeys
3. Act is not included in Articles 148, 149, 150

Question 12

What is Article 152?

Answer 12

Persons In Authority and Agents of Persons In Authority (Who Shall Be Deemed As Such)

Question 13

Who are persons in authority?

Answer 13

1. Municipal Mayor
2. Division Superintendent of Schools
3. Public/Private School Teachers
4. Teacher-nurse
5. President of Sanitary Division
6. Provincial Fiscal
7. Justice of the Peace
8. Municipal Councilor
9. Barrio Captain and Barangay Chairman

Question 14

What is the penalty prescribed for Article 148?

Answer 14

Prision Coreccional medium - maximum periods and a fine not exceeding 1,000 Pesos: If with a weapon

Prision Coreccional minimum and a fine not exceeding 500 Pesos: No weapon

Question 15

What is the penalty prescribed for Article 149?

Answer 15

Prision Coreccional minimum - medium periods and a fine not exceeding 500 Pesos

Question 16

What is the penalty prescribed for Article 150?

Answer 16

Arresto Mayor or a fine ranging from 200 - 1,000 Pesos or both

Question 17

What is the penalty prescribed for Article 151?

Answer 17

Arresto Mayor and a fine not exceeding 500 Pesos

Arresto Menor or a fine ranging from 10 - 100 Pesos: Not serious disobedience