Usurpation of authority
Credit to Author: PERSIDA ACOSTA| Date: Wed, 03 Apr 2019 19:40:01 +0000
Dear PAO,
I live near a busy intersection where I am able to observe the daily traffic in our area. Most of the vehicles that pass our street are large trucks on their way to the Port Area. One day, I noticed a man wearing our city’s traffic enforcer uniform directing the traffic flow. I learned from our barangay (village) that our local city government did not coordinate or inform them about the designation of this traffic enforcer in our area.
Our suspicions grew when we observed that this man was prioritizing trucks more than other vehicles and in exchange, the truck drivers would hand out small bills to him. We confronted the traffic enforcer and asked for his official identification. He introduced himself as, indeed, a traffic officer and claimed that he was from our city’s traffic bureau, and that he was designated to manage the traffic in our area. He was not able to present any convincing identification aside from his uniform with his last name. We’re not even sure if that was his real name. Because of this, we went to the city traffic bureau and asked about the presence of this suspicious traffic enforcer.
We were informed that the traffic enforcer was not a member of their office nor was he deputized to act on their behalf. Considering this, I want to know if this fake traffic enforcer committed any crime he can be punished for. I think he did more harm than good in attempting to manage traffic in our area by giving unfair preference to trucks passing our street.
Katerina
Dear Katerina,
The actions of the fake traffic enforcer you identified can be considered as usurpation of authority or of official functions, which is a criminal act punishable under Article 177 of the Revised Penal Code of the Philippines. According to this law:
“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.”
Based on the cited law, there are two ways of usurping authority or official functions. First is by pretending to be an officer of the government and the second is by performing acts of a person in authority or public officer under the pretense of such authority despite being not authorized to do so.
It is clear in your narration that the fake traffic enforcer introduced himself as an authorized traffic officer, and was doing acts performed by authorized government officers. Thus, his claim to be a traffic officer and the performance of the acts of an actual traffic officer without any authority is clearly a usurpation of the authority and official functions of a true traffic officer, which makes him criminally liable for his actions.
In addition to this, he may also be held liable for the illegal use of uniforms or insignia under Article 179 of the Revised Penal Code. Under this law, any person who shall publicly and improperly make use of uniforms or dress pertaining to an office not held by such person is punished with a penalty of arresto mayor. Lastly, if it is confirmed that the fake traffic enforcer is using a fictitious name to avoid detection of his usurpation of authority, he may be liable under the said provision for publicly using a fictitious name to conceal a crime, which is also punishable with imprisonment and a fine.
This opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
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