Having been established that the assistance of the barangay tanods was sought by the police authorities who effected the searched warrant, the same barangay tanodstherefore acted as agents of persons in authority. Article 152 of the Revised Penal Code defines persons in authority and agents of persons in authority as:
x x x 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 barangay captain and a barangay chairman shall also be deemed a person in authority.
A 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 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.
The Local Government Code also contains a provision which describes the function of a barangay tanod as an agent of persons in authority. Section 388 of the Local Government Code reads:
SEC. 388. Persons in Authority. - For purposes of the Revised Penal Code, the punong barangay, sangguniang barangay members, and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions, while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and security of life and property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority, shall be deemed agents of persons in authority.
