Article 231. Open Disobedience
On Criminal Law
Article 231. Open disobedience. - Any judicial or executive officer who shall openly refuse to execute the judgment, decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all the legal formalities, shall suffer the penalties of arresto mayor in its medium period to prision correccional in its minimum period, temporary special disqualification in its maximum period and a fine not. exceeding two hundred thousand pesos (P200,000).
ELEMENTS:
1. That the offender is a judicial or executive officer;
2. That there is a judgment, decision, or order of superior authority;
3. That such judgment, decision, or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities; and
4. That the offender, without any legal justification, openly refuses to execute the said judgment, decision, or order under which he is duty-bound to obey.
Judgment should have been rendered in a hearing and issued within proper jurisdiction and with all required legal solemnities.
ELEMENTS:
1. That the offender is a judicial or executive officer;
2. That there is a judgment, decision, or order of superior authority;
3. That such judgment, decision, or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities; and
4. That the offender, without any legal justification, openly refuses to execute the said judgment, decision, or order under which he is duty-bound to obey.
Judgment should have been rendered in a hearing and issued within proper jurisdiction and with all required legal solemnities.
Bigwas
Bigwas blog about Criminal law and Procedure, Criminology and Crimes, Philippine Banking and Finance, Insurance and Investment.