AMENDING ARTICLE ONE HUNDRED FIFTY-TWO OF ACT NUMBERED THIRTY EIGHT HUNDRED AND FIFTEEN, AS AMENDED, ENTITLED THE REVISED PENAL CODE.

• Number: Presidential Decree No. 299
• Sections: 3

Preamble

WHEREAS, barangays (citizens assemblies) have been created

throughout the land to broaden the base of citizen participation in the

democratic process and to afford ample opportunities for the citizenry to

express their views on vital national issues;

WHEREAS, the responsibility for the successful operation of

the various barangays (citizens assemblies) has been reposed on the barrio

captains and council members in municipal districts, municipalities or chartered

cities where there are barrios or on the barangay chairman and barangay leaders

where there are no barrios existing;

WHEREAS, the barangay chairman and the barangay leaders as

responsible officials of the barangay (citizens assembly) have been vested with

same authority and/or responsibility as that of the barrio captain and the

council members, respectively; and

WHEREAS, there is a need to safeguard their persons against

harm or injury as not to hamper their movement while in the prosecution of the

objectives of the barangays (citizens assemblies);

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution as

Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to

Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated

September 22,1972, as amended, and in order to effect the desired changes and

reforms in the social, economic and political structure in our society, do

hereby order and decree the amendment of Act No. 3815, as amended, as

follows:

Section 1

SECTION 1. Article one hundred and fifty-two of Act Numbered

Thirty eight hundred and fifteen, as amended, is hereby amended to read as

follows:

"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.

"Any 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, shall be deemed persons

in authority."

Section 2

SEC. 2. This Decree shall take effect immediately.

Done in the City of Manila, this 19th day of September, in the year of Our

Lord, nineteen hundred and seventy-three.

(Sgd.) FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.) ROBERTO V. REYES

Acting Executive Secretary