1.

a. A public officer is a person who has been legally elected or appointed to office and who exercises

governmental functions. Hence, a public officer can be either a person in authority or an agent of person

in authority. Examples of a public officer are the following: President, Mayor, Policeman, etc.; whereas,

persons in authority are any person directly vested with jurisdiction the power of authority to govern

and execute the laws. Examples of a person in authority are the following: President, Mayor, Barangay

Captain, Teachers, etc.; whereas, an agents of persons in authority are one 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 properly. Examples of an agent of persons in authority

are the following: Policeman, Rural policeman, Municipal Treasurer, Barangay Chief Tanod, etc.

b. A private individual can be considered as an agent of person in authority when the latter protected or

comes to the aid of a person in authority. Moreover, a private individual can be considered as person in

authority when it has a duties or power to enforce a law.

2.

The crime committed by Hulam is Resistance and disobedience to a person in authority or the agents of

such person. According to Article 151 of the Revised Penal Code, the following are the elements of

resistance and serious disobedience: a person in authority or his agents is engaged in the performance

of official duty or gives a lawful order to the offender; that the offender resists or seriously disobeys; and

the act of the offender is not included in Article 148, 149, and 150. Here, Rasip, the court sheriff, was

engaged in the performance of his official duty, when Hulam summoned his neighbours to resist the

demolition. The act of Hulam constitutes a resistance to the duty of Rasip. Therefore, Hulam committed

a crime of Resistance and Disobedience to a person in authority or agents of such person.

b. The Mayor didn’t commit any crime. According to Article 149, the following are the elements of the

second form of direct assault: that the offender makes an attack; that the person assaulted is a person in

authority or his agent; that at the time of the assault the person in authority or his agents is engaged in

the actual performance of official duties; that the offender knows that he is assaulting is a person in

authority or his agents in the exercise of his duties; that there is no public uprising. Here, Rasip, a court

sheriff, is an agent of person in authority. To constitute a direct assault to an agent of person in

authority, the attack or the force employed is of a serious character. The slap of Arsah, mayor, to Rasip is

not of a serious character. Therefore, Arsah didn’t commit any crime.

3.

a. b. The residents committed a crime of Alarm. According to Article 155, any person who shall cause any

disturbance or scandal in public places, provided that the circumstances of the case shall not make the

provisions of Article 153 applicable shall be liable of a crime of Alarm. Here, the mass action, conducted

by the residents, didn’t cause any serious disturbance during the proceeding in the Court. Therefore, the

residents committed a crime of Alarm.

b. The crime committed by Hulam is physical injury. According to Article 149, the following are the

elements of the second form of direct assault: that the offender makes an attack; that the person

assaulted is a person in authority or his agent; that at the time of the assault the person in authority or

his agents is engaged in the actual performance of official duties; that the offender knows that he is

assaulting is a person in authority or his agents in the exercise of his duties; that there is no public

uprising. Here, when Atty. Asso and Seyt attacked each other, both of them descended to matters which

are of private nature, and at that moment they were not performing their duties. Hence, when Hulam

attacked Atty. Asso, the latter was not performing his duties. Therefore, Hulam committed a crime of

Physical Injury.
c. The crime committed by Atty. Asso and Seyt is Tumultuous disturbance or interruption liable to cause

disturbance. According to Article 153 of the Revised Penal Code, any person who is a participant therein

shall cause any serious disturbance in a public place, office, or establishment, or shall interrupt or

disturb public performances, or peaceful meetings shall be liable of the crime of Tumults and other

disturbances of public order. Here, since Atty. Asso and Seyt are participants of the proceedings, the

disturbance that they committed constitutes interruption or disturbance of public performances.

Therefore, they committed a crime of Tumultuous disturbance or interruption.

d. The Mayor didn’t commit any crime. According to Article 149 of the Revised Penal Code, the following

are the elements of the second form of direct assault: that the offender makes an attack; that the

person assaulted is a person in authority or his agent; that at the time of the assault the person in

authority or his agents is engaged in the actual performance of official duties; that the offender knows

that he is assaulting is a person in authority or his agents in the exercise of his duties; that there is no

public uprising. Here, the policeman is an agent of person in authority and is engaged in the

performance of his duty,i.e, maintenance of public order. However, to constitute a direct assault to an

agent of person in authority, the attack or the force employed is of a serious character. The slap of Arsah

to the policeman is not of a serious character. Therefore, Arsah didn’t commit any crime.