What are the elements of usurpation of authority?
Under Article 177 of the Revised Penal Code, as amended, the elements of the crime of usurpation of official functions are when a person: (1) performs any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government, or any agency thereof; (2) acts under pretense of …
Is usurping illegal?
illegal seizure and occupation of a throne.
What is usurpation of civil status?
Usurpation of civil status. – The penalty of Prison Mayor shall be imposed upon any person who shall usurp the civil status of another, should he do for the purpose of defrauding the offended party or his heirs; otherwise, the penalty of Prison Correctional in its medium and maximum periods shall be imposed.
What is usurpation of real rights in property?
CRIMINAL LAW; USURPATION OF REAL PROPERTY; ARTICLE 312, REVISED PENAL CODE. — Usurpation of real rights in property is committed by any person who, by means of violence against or intimidation of persons, shall take possession of any real property or shall usurp any real rights in property belonging to another. 2.
What is concealing true name?
The purpose in use of fictitious name is any of those three enumerated (to conceal a crime, to evade the execution of a judgment, or to cause damage); in concealing true name, it is merely to conceal identity.
What does the word usurpation mean?
: to seize or exercise authority or possession wrongfully. Other Words from usurp. usurpation \ ˌyü-sər-ˈpā-shən, -zər- \ noun.
What are the crimes against civil status?
1. An imputation of a crime, or of a vice or defect, real or imaginary, or an imputation of any act, omission, condition, status or circumstances tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
What is usurpation of rights?
The illegal encroachment or assumption of the use of authority, power, or property properly belonging to another; the interruption or disturbance of an individual in his or her right or possession.
Is Faking Your name a crime?
Based from the details you have narrated, the person you caught robbing a house gave the authorities a fake name to conceal his identity and evade criminal prosecution. This act is a punishable crime according to Article 178 of the Revised Penal Code which provides that: Using fictitious name and concealing true name.
What’s the difference between usurpation of authority and official functions?
1. Usurpation of authority: By knowingly and falsely representing oneself to be an 2. Usurpation of official functions: By performing an act pertaining to any the pretense of such official position, and without being lawfully entitled to do so.
What are the two ways of usurping authority?
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.
What is the crime of usurpation of authority in the Philippines?
The information charges the accused with the crime of usurpation of authority for “knowingly and falsely representing himself to be an officer, agent or representative of any department or agency of the Philippine Government.” Petitioner is not accused of usurpation of official functions.
What is the legal definition of usurpation of power?
The illegal encroachment or assumption of the use of authority, power, or property properly belonging to another; the interruption or disturbance of an individual in his or her right or possession.