Usurpation Of Judicial Functions
On Criminal Law
Usurpation Of Judicial Functions
ART.241
ART.241
Usurpation of judicial functions. - The penalty of arresto mayor in its medium period to prision correccional in its minimum period and shall be imposed upon any officer of the executive branch of the Government who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any judge within its jurisdiction.
ELEMENTS:
1. That the offender is an officer of the executive branch of the government; and
2. That he
(a) assumes judicial powers or
(b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction.
A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality.
You may want to read:
1. Usurpation of Legislative Powers