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Article 234. Refusal to discharge elective office. - The penalty of arresto mayor or a fine not exceeding Two hundred thousand pesos (P200,000), or both, shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office.


ELEMENTS:
1. That the offender is elected by popular election to a public office;
2. That he refuses to be sworn in or discharge the duties of said office;
3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office.

If the elected person is disqualified, his refusal to be sworn in or to discharge the duties of the office is justified.

Refusal to discharge the duties of an appointive office is not covered by this article.

Once an individual is elected to an office by the will of the people, discharge of duties becomes a matter of duty, not only a right.

This only applies to elective, not appointive officers.