Dear PAO,
I know for a fact that a certain neighbor of mine is only a law student. I also know that he has yet to pass the bar examinations, and a simple search in the Lawyer’s List of the Supreme Court would prove it. However, in our barangay, he always refers to himself as an “Attorney.” Can I file a case for usurpation of authority against him?
-Chris
Dear Chris,
No, a case for Usurpation of Authority may not prosper against your neighbor.
Article 177 of the Revised Penal Code (RPC) provides that to be convicted of the crime of Usurpation of Authority, the offender must perform “any act pertaining to any person in authority or public officer of the Philippine government, any of its agencies, or of a foreign government.” This begs the question, who are considered as “persons in authority”?
Fortunately, Article 152 of the RPC defines who are considered “persons in authority,” viz.:
“Art. 152. Persons in authority and agents of persons in authority; Who shall be deemed as such. — In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority.
“A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority.
“In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority.”
Additionally, in Nollora vs. People of Philippines, G.R. No. 263676, August 07, 2024, Ponente: Honorable Associate Justice Samuel H. Gaerlan, the Supreme Court explained that lawyers, although mentioned in the Par. 2 of Article 152 of the RPC, are not automatically considered as persons in authority saying:
“Under this paragraph, a lawyer is not deemed a person in authority. Obviously, lawyers are not directly vested with jurisdiction either individually or as members of some court or public corporation. Lawyers are likewise not agents of a person in authority as defined in the second paragraph of the above-quoted provision, as they are not charged with the task of executing the orders of any such person. While a lawyer is an “officer of the court” and is an agency to advance the ends of justice, it is not considered a person in authority under the first paragraph of Article 152 of the Revised Penal Code.”
Thus, it would be legally impossible to convict your neighbor for Usurpation of Authority as simply calling himself an “Attorney” does not necessarily mean that he is performing an act pertaining to any person in authority. Merely assuming the title “Attorney” does not constitute Usurpation of Authority since the title is not directly vested with jurisdiction as a person of authority should have.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
