Article 239. Usurpation Of Legislative Powers
On Criminal Law
Article 239. Usurpation of legislative powers. - The penalties of prision correccional in its minimum period, temporary special disqualification, and a fine not exceeding two hundred thousand pesos (P200,000). shall be imposed upon any public officer who shall encroach upon the powers of the legislative branch of the Government, either by making general rules or regulations beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof.
ELEMENTS:
1. That the offender is an executive or judicial officer; and
2. That he
(a) makes general rules or regulations beyond the scope of his authority or
(b) attempts to repeal a law or
(c) suspends the execution thereof.
Arts 239-241 punish interference by public officers of the executive or judiciary with the functions of another department of government to keep them within the legitimate confines of their respective jurisdictions.
Legislative officers are not liable for usurpation of powers.
ELEMENTS:
1. That the offender is an executive or judicial officer; and
2. That he
(a) makes general rules or regulations beyond the scope of his authority or
(b) attempts to repeal a law or
(c) suspends the execution thereof.
Arts 239-241 punish interference by public officers of the executive or judiciary with the functions of another department of government to keep them within the legitimate confines of their respective jurisdictions.
Legislative officers are not liable for usurpation of powers.
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