Resistance and disobedience to a person in authority or the agents of such person, Revised Penal Code

1. Concept

Art. 151. 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 (₱100,000) 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 (₱2,000) to Twenty thousand pesos (₱20,000) shall be imposed upon the offender. (Act No. 3815, Revised Penal Code)

2. Mode of commission

Elements of the offense:

1) The offender is not included in the provisions of the preceding articles – i.e. direct, indirect assault, disobedience to summons issued by the legislature and Constitutional Commissions; and

2) He shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties. (Article 151, Ibid.)

References

Title 3 – Crimes Against Public Order, Book 2, Revised Penal Code

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