Short answer. Yes. Article 239 of the Revised Penal Code punishes any public officer who usurps legislative powers by making general rules or regulations beyond his authority, or by attempting to repeal or suspend a law. The penalty is imprisonment, temporary special disqualification, and a fine up to ₱200,000.
What the law says
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 →
What the statute says
Article 239 of the Revised Penal Code defines usurpation of legislative powers and imposes criminal liability on any public officer who encroaches on the legislative branch — either by making general rules or regulations beyond the scope of his authority, or by attempting to repeal or suspend the execution of a law. The penalties under the current text (amended by Republic Act No. 10951 in 2017) are prisión correccional in its minimum period, temporary special disqualification from public office, and a fine of up to ₱200,000. Older reproductions of the Code still carry the original 1930 figures — always confirm which version you are reading.
Two separate acts this article covers
The article reaches two distinct forms of overreach. First, the issuance of general rules or regulations that exceed the officer's authority — this targets executive issuances (circulars, orders, guidelines, implementing rules) that go beyond what the officer's position and the enabling law allow. Second, any attempt to repeal or suspend a law, which is an act reserved to the legislature. An executive officer cannot, by administrative action, undo or freeze what Congress has enacted. Either form of overreach is independently punishable under this article.
What 'beyond the scope of authority' means
Every executive officer's authority is defined by law — the statute or charter that created the office, the administrative code, and any specific enabling law that grants rule-making power. When an officer issues regulations that go further than that grant allows — imposing obligations or prohibitions that have no basis in the enabling legislation — the act is no longer regulatory but effectively legislative. The article treats that overreach as a criminal trespass on legislative power, not merely an administrative error subject to annulment.
Why the penalty includes disqualification
Temporary special disqualification is a meaningful add-on to the imprisonment and fine. A convicted officer loses the right to hold any public office for the period the court determines. This reflects the seriousness of encroaching on separation of powers — it is not treated as a bureaucratic mistake but as an abuse that warrants exclusion from public service. For career public servants and elected officials, the disqualification is often the most consequential part of any conviction under this article.