ART-241.pptx REVISED PENAL CODE CRIM 2

art 241

1. TITLE SEVEN CRIMES COMMITTED BY PUBLIC OFFICERS ARTICLE 241 USURPATION OF JUDICIAL FUNCTIONS

2. 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.

3. Elements 1. That the offender is an officer of the executive branch of the Government. 2. That he (a) assumes judicial powers, or (b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction.

4. Mayor is guilty under this article if he investigates a case while justice of the peace is in the municipality. But a municipal president who received a complaint signed by the chief of police, and afterwards tried the case, even though the justice of the peace was discharging his office in the municipality is guilty under this article. (People vs. Valdehuesa, G.R. No. 17720, Jan. 21, 1922)

5. Arts. 239-241 punish interference by officers of one of the three departments of government with functions of officers of another department. The purpose is to maintain the separation and independence of the three departments of the government and to keep the three branches within the legitimate confines of their respective jurisdictions and the officers thereof within the scope of their lawful authority. (See Angara vs. Electoral Commission, 63 Phil. 139)

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