Article 242. Disobeying Request For Disqualification
On Criminal Law
Article 242. Disobeying request for disqualification: - Any public officer who, before the question of jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain from so doing, shall be punished by arresto mayor and a fine not exceeding one hundred thousand pesos (P100,000).
ELEMENTS:
1. That the offender is a public officer;
2. That a proceeding is pending before such public officer;
3. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided;
4. That he has been lawfully required to refrain from continuing the proceeding; and
5. That he continues the proceeding.
The disobedient officer is liable even if the jurisdictional question is resolved in his favor.
ELEMENTS:
1. That the offender is a public officer;
2. That a proceeding is pending before such public officer;
3. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided;
4. That he has been lawfully required to refrain from continuing the proceeding; and
5. That he continues the proceeding.
The disobedient officer is liable even if the jurisdictional question is resolved in his favor.
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