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Usurpation of authority or official functions, Revised Penal Code

1. Concept

Article 177. Usurpation of authority or official functions. – Any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government, or who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government, or any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods. (Act No. 3815, Revised Penal Code)

2. Mode of commission

Elements of the offense:

1) The offender 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, or who, under pretense of official position, perform any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government, or any agency thereof; and,

2) He commits such acts without being lawfully entitled to do so.

References

Title 4 – Crimes Against Public Interest, Book 2, Revised Penal Code

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