Public authorities discharging duties, A14(5) Revised Penal Code

1. Concept

Where public authorities are engaged in the discharge of their duties, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender committed the crime in such a place.

a. Legal basis

Article 14. Aggravating circumstances. – The following are aggravating circumstances:

5. That the crime be committed … where public authorities are engaged in the discharge of their duties.

(Revised Penal Code)

2. Where public authorities are discharging duties

For the aggravating circumstance of where public authorities are engaged in the discharge of their duties, the offender committed the crime in such a place.

a. Based on greater perversity

[T]his aggravating circumstance is based on the greater perversity of the offender, as shown by the place of the commission of the crime, which must be respected. (People v. Abrazaldo, En Banc, G.R. No. 124392, February 7, 2003, Per Sandoval-Gutierrez, J.)

Navarro v. CA, G.R. No. 121087, August 26, 1999, Per Mendoza, J.:

• The evidence show that, at around 8:40 in the evening of February 4, 1990, Stanley Jalbuena and Enrique “Ike” Lingan, who were reporters of the radio station DWTI in Lucena City, together with one Mario Ilagan, went to the Entertainment City following reports that it was showing the nude dancers. After the three had seated themselves at a table and ordered beer, a scantily clad dancer appeared on stage and began to perform a strip act. As she removed her brassieres, Jalbuena brought out his camera and took a picture.

• At that point, the floor manager, Dante Liquin, with a security guard, Alex Sioco, approached Jalbuena and demanded to know why he took a picture. Jalbuena replied: “Wala kang pakialam, because this is my job.”4 Sioco pushed Jalbuena towards the table as he warned the latter that he would kill him. When Jalbuena saw that Sioco was about to pull out his gun, he ran out of the joint followed by his companions.

• Jalbuena and his companions went to the police station to report the matter. Three of the policeman on duty, including petitioner Navarro, were having drinks in front of the police station, and they asked Jalbuena and his companions to join them. Jalbuena declined and went to the desk officer, Sgt. Añonuevo, to report the incident. In a while, Liquin and Sioco arrived on a motorcycle.

• Sioco and Liquin were met by petitioner Navarro who talked with them in a corner for around fifteen minutes. Afterwards, petitioner Navarro turned to Jalbuena and, pushing him to the wall, said to him: “Putang ina, kinakalaban mo si Kabo Liquin, anak yan ni Kabo Liquin, hindi mo ba kilala?” Petitioner Navarro then pulled out his firearm and cocked it, and, pressing it on the face of Jalbuena, said “Ano, uutasin na kita?”

• At this point, Lingan intervened and said to petitioner Navarro: “Huwag namang ganyan pumarito kami para magpa-blotter, I am here to mediate.” Petitoner Navarro replied: “Walang press, press, mag-sampu pa kayo.” He then turned to Sgt. Añonuevo and told him to make of record the behavior of Jalbuena and Lingan.

• This angered Lingan, who said: “O, di ilagay mo diyan” Petitioner Navarro retorted: “Talagang ilalagay ko.” The two then had a heated exchange. Finally, Lingan said: “Masyado kang abusado, alisin mo yang baril mo at magsuntukan na lang tayo.” Petitioner Navarro replied: “Ah, ganoon?”

• As Lingan was about turn away, petitioner Navarro hit him with the handle of the pistol above the left eyebrow. Lingan fell on the floor, blood flowing down his face. He tried to get up, but petitioner Navarro gave him a fist blow on the forehead which floored him.

• Petitioner Navarro turned to Jalbuena and said: “Kita mo yan ha, buhay kang testigo, si Ike Lingan and naghamon.”20 He said to Sgt. Añonuevo: “Ilagay mo diyan sa blotter sa harap ni Alex Sioco at Dante Liquin, na si Ike Lingan ang naghamon.” He then poked his gun at the right temple of Jalbuena and made him sign his name on the blotter. Jalbuena could not affix his signature. His right hand was trembling and he simply wrote his name in print.

• Capt. Coronado, the station commander, called petitioner Navarro to his office, while a policeman took Lingan to the Quezon Memorial Hospital. The station manager of DWTI, Boy, Casañada, arrived and, learning that Lingan had been taken to the hospital, proceeded there. But Lingan died from his injuries.

• Unknown to petitioner Navarro, Jalbuena was able to record on tape the exchange between petitioner and the deceased.

• [T]he aggravating circumstance of commission of a crime in a place where the public authorities are engaged in the discharge of their duties should be appreciated against petitioner Navarro. The offense in this case was committed right in the police station where policemen were discharging their public functions.

People v. Abrazaldo, En Banc, G.R. No. 124392, February 7, 2003, Per Sandoval-Gutierrez, J.:

• Neither can we sustain the trial court’s finding that the aggravating circumstance under paragraph (5) of Article 14, Revised Penal Code, i.e., that the crime was committed in a place where public authorities were engaged in the discharge of their duties, is present… In this case, the crime was committed at the compound of the accused-appellant where no public function was being held. The arrival of the barangay authorities was precisely due to the trouble that had commenced prior to the stabbing incident. Clearly, the said aggravating circumstance cannot be considered.

3. Distinguished

The following should be distinguished.

a. Public authorities discharging duties, A14(5) RPC vs Contempt or insult to public authorities, A14(2) RPC

Factors	Public authorities discharging duties, A14(5) RPC	Contempt or insult to public authorities, A14(2) RPC
Effect	Generic aggravating circumstance (i.e. it applies to all crimes)	Generic aggravating circumstance (i.e. it applies to all crimes)
Overt Acts	Offender commits a crime where public authorities are engaged in the discharge of their duties.	Offender commits a crime in contempt or with insult to the public authorities.

See related:

• Contempt or insult to public authorities, A14(2) Revised Penal Code

References

• Title I – Felonies and Circumstances which Affect Criminal Liability, Book I, Act No. 3815, Revised Penal Code