The Revised Penal Code punishes two related acts. Usurpation of authority is committed by any person who knowingly and falsely represents themselves to be an officer, agent, or representative of any department or agency of the government. Usurpation of official functions is committed by a person who, under pretense of official position, performs any act pertaining to any person in authority or public officer, without being lawfully entitled to do so. In short, pretending to be a government official, or actually carrying out official acts without authority, is criminalized to protect the integrity of public office and the public who deal with officials. This is distinct from usurpation of real rights or property (a crime against property), and from the illegal use of uniforms and insignia (publicly wearing the uniform or insignia of an office one does not hold), which is separately punished. Impersonating specific professionals or officers may also fall under special laws. The gist is that public authority cannot be faked, and doing so exposes the pretender to criminal liability.
Two Related Acts
- Usurpation of authority — knowingly and falsely representing oneself as an officer, agent, or representative of a government department or agency; and
- Usurpation of official functions — under pretense of official position, performing an act pertaining to a public officer without being lawfully entitled.
Related Offenses
Distinct from usurpation of real rights/property, and from the illegal use of uniforms and insignia (publicly wearing the uniform of an office one does not hold), which is separately punished. Impersonating specific professionals may fall under special laws.
Why It Is Punished
To protect the integrity of public office and the public who deal with officials. Public authority cannot be faked.
Practical Takeaways
- Pretending to be a government official is usurpation of authority;
- Performing official acts without authority is usurpation of official functions;
- Wearing an unauthorized uniform/insignia is a separate offense.
Frequently Asked Questions
What is usurpation of authority? Knowingly and falsely representing oneself to be an officer, agent, or representative of any department or agency of the government.
What is usurpation of official functions? Performing, under pretense of official position, any act pertaining to a person in authority or public officer, without being lawfully entitled to do so.
Is wearing a fake uniform a crime? Yes. The illegal use of uniforms and insignia, publicly wearing the uniform or insignia of an office one does not hold, is separately punished from usurpation.
Why are these acts criminalized? To protect the integrity of public office and the public who rely on officials, since public authority cannot be faked without exposing the pretender to criminal liability.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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