When is a judge guilty of Usurpation of executive functions and what is the penalty?
A judge is guilty of Usurpation of executive functions if they assume any power that rightfully pertains to the executive authorities (Article 240, Revised Penal Code). The crime is also committed if the judge obstructs the executive authorities in the lawful exercise of their constitutional powers. The penalty for this offense is imprisonment ranging from arresto mayor in its medium period to prision correccional in its minimum period. This ensures the clear separation and non-interference between the branches of government.
30 October 2025
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Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
