Short answer. Yes. Article 239 of the Revised Penal Code, as amended by Republic Act No. 10951, punishes any public officer who encroaches on legislative power — including by attempting to repeal a law or by suspending its execution. The offense is usurpation of legislative powers and carries imprisonment and disqualification from office.
What the law says
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.
Revised Penal Code, Article 239 — Usurpation Of Legislative Powers. Read the full provision →
The offense: usurpation of legislative powers
Article 239 of the Revised Penal Code protects the separation of powers by criminalizing encroachment by the executive on the legislative branch. It identifies three distinct acts that constitute the offense: making general rules or regulations beyond the scope of authority; attempting to repeal a law; and suspending the execution of a law. All three represent executive action in territory that belongs to the legislature — the power to make, repeal, and control the operation of laws. An executive officer who oversteps in any of these ways commits usurpation of legislative powers.
The current penalties under RA 10951
Article 239 was amended by Republic Act No. 10951 in 2017, which updated the penalty amounts throughout the Revised Penal Code. Under the current text, the penalty is prisión correccional in its minimum period, temporary special disqualification, and a fine not exceeding two hundred thousand pesos. The disqualification from public office is significant — it is not simply a financial penalty but a bar on holding public positions for the period of the disqualification. Older printings of the Penal Code carry the original 1930 penalty amounts, which were far lower; confirm you are reading the amended version.
What encroachment means in practice
The line between valid executive rule-making and unlawful encroachment is not always obvious. Executive officers routinely issue implementing rules and regulations — these are authorized by the laws they implement and do not constitute usurpation. Article 239 targets acts that go beyond this: rules that exceed the scope of authority granted, or attempts to effectively nullify a law by purporting to repeal it or to suspend its operation without constitutional authority. The legislature passes laws; the executive enforces them. A public officer who purports to render a law ineffective is stepping into that boundary.
Who is covered
Article 239 applies to any public officer — not only members of the executive branch in a formal sense, but any person holding public office who acts in a public capacity. The article is not limited to cabinet secretaries or presidents; a local official who issues an order that effectively repeals a national law within a local territory could also fall within its scope. The critical element is the public character of the actor and the encroachment on legislative power, not the precise title the officer holds.