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TITLE 6 - CRIMES AGAINST PUBLIC MORALS

The crimes against public morals are divided into 2 chapters:

Chapter One (Gambling and Betting):


1. Art. 195 – Gambling (Amended by PD 1602)
2. Art. 196 – Importation, Sale, and Possession of Lottery Tickets or Advertisements
3. Art. 197 – Betting in Sports Contests (Repealed – Act Punished by PD 483)
4. Art. 198 – Illegal Betting on Horse Races
5. Art. 199 – Illegal Cockfighting (Repealed or Modified by PD 449)

Chapter Two (Offenses against Decency and Good Customs):


6. Art. 200 – Grave Scandal
7. Art. 201 – Immoral Doctrines, Obscene Publications, and Exhibitions (as amended by PD 960 and 969)
8. Art. 202 – Vagrancy and Prostitution

Chapter One (Gambling and Betting) games using plastic tiles and the likes; slot machines, roulette, pinball and
other mechanical contraptions and devices; dog racing, boat racing, car
Art. 195 - Gambling racing and other forms of races, basketball, boxing, volleyball, bowling,
pingpong and other forms of individual or team contests to include game
fixing, point shaving and other machinations; banking or percentage game, or
What is Gambling? any other game or scheme, whether upon chance or skill, wherein wagers
consisting of money, articles of value or representative of value are at stake or
Gambling is a game or scheme the result of which depends wholly or chiefly made.
upon chance or hazard. Hence, those games, the result of which depend
wholly or chiefly upon skills, are not gambling. (U.S. v. Hilario, 24 Phil. 392) 2. Knowingly permitting any form of gambling to be carried on in inhabited or
uninhabited place or in any building, vessel or other means of transportation
Why is Gambling Prohibited and Punished? owned or controlled by him.

To repress an evil that undermines the social, moral, and economic growth of 3. Being the maintainer or conductor of the above gambling schemes.
the nation. (People v. Punto, 68 Phil. 481)
Gambling has the effect of causing poverty, dishonesty, fraud, or deceit. (U.S. 4. Knowingly and without lawful purpose in any hour of any day, possessing
v. Salaveria, 39 Phil. 102) any lottery list, paper or other matter containing letters, figures, signs or
symbols pertaining to or in any manner used in the games of jueteng, jai-alai
Acts Punished in Gambling (as provided for in PD 1602) or horse racing bookies, and similar games of lotteries and numbers which
have taken place or about to take place.
The acts punished in gambling are:
5. Any barangay official who, with knowledge of the existence of a gambling
1. Taking part, directly or indirectly in any illegal or unauthorized activities or house or place in his jurisdiction, fails to abate the same or take action in
games of cockfighting, jueteng, jai alai or horse racing to include bookie connection therewith.
operations and game fixing, numbers, bingo and other forms of lotteries; cara
y cruz, pompiang and the like; 7-11 and any game using dice; black jack, 6. Any security officer, security guard, watchman, private or house detective of
lucky nine, poker and its derivatives, monte, baccarat, cuajo, pangguingue hotels, villages, buildings, enclosures and the like which have the reputation
and other card games; paik que, high and low, mahjong, domino and other of a gambling place or where gambling activities are being held.
Games Exempted from Punishment When Exclusively 2. Selling or Distributing the same in connivance with the importer.
Intended for Parlor Games or for Home Entertainment (as
3. Possessing, knowingly and with intent to use, lottery tickets or
provided for in LOI 816) advertisements.
1. Domino 4. Selling or Distributing the same without connivance with the importer.
2. Bingo
3. Poker (When Not Played with Five cards Stud) Possession of any lottery ticket or advertisement is prima facie evidence of an
4. Cuajo intent to sell, distribute, or use the same (Art. 196, last par.) but it can be
5. Pangguingue overcome by positive evidence.
6. Mahjong
Art. 197 - Betting in Sports Contests (Repealed - Act
Requisites of Gambling
punished by PD 483)
1. That money or other consideration of value be at stake; and
2. That the result of the game depends wholly or chiefly upon chance or PD 483 punishes betting, game-fixing, or point shaving and machinations in
hazard sport contests specifically basketball, volleyball, softball, baseball; chess,
boxing bouts, "jai-alai", "sipa", "pelota" and other sports contests. They are
Thus, even if a game involves some element of skill, it is still prohibited if the defined in Section 1.
result of which depends wholly upon chance or hazard.
Betting - Betting money or any object or article of value or representative of
What is Lottery? value upon the result of any game, races and other sports contest.

Lottery is a scheme for the distribution of prizes by chance among persons Game-fixing - any arrangement, combination, scheme or agreement by which
who have paid, or agreed to pay, a valuable consideration for the chance to the result of any game, races or sports contests shall be predicted and/or
obtain a prize. (U.S. v. Filart, 30 Phil. 80) known other than on the basis of the honest playing skill or ability of the
players or participants.
Elements of Lottery Point-shaving - any such arrangement, combination, scheme or agreement by
which the skill or ability of any player or participant in a game, races or sports
1. Consideration contests to make points or scores shall be limited deliberately in order to
2. Chance influence the result thereof in favor of one or other team, player or participant
3. Prize, or some advantage or inequality in amount or value which is in the therein.
nature of a prize.
Game-machinations - any other fraudulent, deceitful, unfair or dishonest
Thus, lottery embraces all schemes for distribution of prizes by chance. means, method, manner or practice employed for the purpose of influencing
However, if there is full value for money, there is no lottery. the result of any game, races or sport contest.

Art. 196 - Importation, Sale, and Possession of Lottery Art. 198 - Illegal Betting on Horse Races
Tickets or Advertisements
Acts Punished in Illegal Betting on Horse Races
Acts Punished Relative to Lottery Tickets or Advertisements
1. Betting on horse races during the periods not allowed by law.
1. Importing into the Philippines from any foreign place or port any lottery
ticket or advertisement
2. Maintaining or employing a totalizer or other device or scheme for betting 5. Owner, manager, or lessee of the cockpit who shall permit gambling of any
on races or realizing profit therefrom, during the periods not allowed by law kind on the premises of the cockpit or place of cockfighting during cockfights.

No liability if there is no betting or use of totalizer. However, spectators in a cockfight are not liable.

What is a totalizer? Cockfighting Allowed on the following dates:


A totalizer is a machine for registering and indicating the number and nature 1. Sunday
of bets made on horse races. Maintaining or employing a totalizer or other 2. Legal Holidays except those enumerated below
device or scheme for betting on races or realizing profit therefrom aggravates 3. During local fiestas for not more than three days
the liability of the offenders. 4. During provincial, city or municipal, agricultural, commercial or industrial
fair, carnival or exposition for a similar period of three days upon resolution of
Horse Races Allowed on the following dates: the province, city or municipality where such fair, carnival or exposition is to
be held, subject to the approval of the Chief of Constabulary or his authorized
1. Sundays not reserved representative
2. 24 Saturdays
3. Legal Holidays except those enumerated below Cockfighting not Allowed on the following dates:

Horse Races not Allowed on the following dates: 1. No cockfighting on the occasion of such fair, carnival or exposition shall be
allowed within the month of a local fiesta or for more than two occasions a
1. Independence Day (June 12) year in the same city or municipality
2. Rizal Day (December 30) 2. Rizal Day (December 30)
3. Registration or Voting Day 3. Independence Day (June 12)
4. Holy Thursday 4. National Heroes Day (November 30)
5. Good Friday 5. Holy Thursday
6. Good Friday
Art. 199 - Illegal Cockfighting (Repealed or Modified by PD 7. Election or Referendum Day
8. During Registration Days for such election or referendum.
449

Acts Punished in Illegal Cockfighting (as provided for in PD


449)
1. Any person who, directly or indirectly, participates in cockfights, by betting
money or other valuable things in a day other than those permitted by law.

2. Any person who, directly or indirectly, organizes cockfights at which bets


are made in a day other than those permitted by law.

3. Any person who, directly or indirectly, participates in cockfights, by betting


money or other valuable things at a place other than a licensed cockpit.

4. Any person who, directly or indirectly, organizes cockfights at which bets


are made at a place other than a licensed cockpit.
Chapter Two (Offenses against Decency and Good Acts Punished as Immoral Doctrines, Obscene Publications,
Customs) and Exhibitions (as provided for in PD 969)

Art. 200 - Grave Scandal 1. Those who shall publicly expound or proclaim doctrines openly contrary to
public morals.
What is Grave Scandal? 2. The authors of obscene literature, published with their knowledge in any
form; the editors publishing such literature; and the owners/operators of the
Grave scandal consists of acts which are offensive to decency and good establishment selling the same.
customs which, having been committed publicly, have given rise to public
scandal to persons who have accidentally witnessed the same. 3. Those who, in theaters, fairs, cinematographs or any other place, exhibit
indecent or immoral plays, scenes, acts or shows, it being understood that the
What is Decency? obscene literature or indecent or immoral plays scenes, acts or shows,
whether live or in film, which are prescribed by virtue hereof, shall include
Decency means propriety of conduct, proper observance of the requirements those which:
of modesty, good taste, etc. a. Glorify criminals or condone crimes
b. Serve no other purpose but to satisfy the market for violence, lust or
What is Customs? pornography
c. Offend any race or religion
Customs means established usage, social conventions carried on by tradition d. Tend to abet traffic in and use of prohibited drugs
and enforced by social disapproval of any violation thereof. e. Are contrary to law, public order, morals, good customs, established
policies, lawful orders, decrees and edicts.
Elements of Grave Scandal
4. Those who shall sell, give away or exhibit films, prints, engravings,
1. That the offender performs an act or acts sculpture or literature which are offensive to morals.

2. That such acts or acts be highly scandalous as offending against decency Publicity is essential in order for the article to be violated.
and good customs
What is Moral?
3. That the highly scandalous conduct is not expressly falling within any other
article of the RPC Moral implies conformity with the generally accepted standards or goodness
or rightness in conduct or character, sometimes, specifically, in sexual
4. That the act or acts complained of be committed in a public place or within conduct.
the public knowledge or view.
Cases
Art. 201 - Immoral Doctrines, Obscene Publications, and People v. Kottinger, 45 Phil. 352; October 29, 1923- Kottinger, a manager
Exhibitions (as amended by PD 960 and PD 969) of a company that sells photographs portraying the inhabitants of the country
in native dress and as they appear and can be seen in the regions where they
live, was charged with violation of Section 12 of the Philippine Libel Law,
What is the Purpose of the Law? making obscene or indecent publications misdemeanors. Trial Court found
him guilty. SC acquitted Kottinger because they found that the pictures are not
The object of the law is to protect the morals of the public. (People v. Aparici, obscene or indecent within the meaning of the Libel Law.
C.A., 52 O.G. 249)
SC defined the following terms: People v. Padan, 101 Phil. 749; June 28, 1957- Fajardo was the manager of
 The word obscene and the term obscenity may be defined as a show that can be said to be an exhibition of human “fighting fish” (or in
meaning something offensive to chastity, decency, or delicacy. Tagalog, “toro”). Padan was the woman who was paid by Fajardo to do the
 Indecency is an act against good behavior and a just delicacy. act. Members of the police were among the audience. After the show, they
arrested several people, including Fajardo and Padan. Padan pleaded guilty.
Tests of Obscenity: TC found all of them guilty. Padan urges the reduction of the prison sentence
 Whether or not the tendency of the matter charged as obscene is to by the TC. Fajardo, meanwhile, denies that he was the manager of the show
deprave or corrupt those whose minds are open to such immoral and that he was an innocent bystander. SC affirmed the TC judgment. Upheld
influences and into whose hands a publication or other article the sentence of Padan because the actual exhibition of the sexual act,
charged as being obscene may fall. preceded by acts of lasciviousness, is clearly not art but clear and unmitigated
 Whether or not it shocks the ordinary and common sense of men as obscenity, indecency, and an offense to public morals, inspiring and causing
an indecency. as it does, nothing but lust and lewdness, and exerting a corrupting influence
 What is the judgment of the aggregate sense of the community specially on the youth of the land. Upheld conviction of Fajardo because of
reached by the publication or other matter? strong evidence that he was the one who organized the show.
 What is the probable reasonable effect on the sense of decency,
Doctrine: The actual exhibition of the sexual act, preceded by acts of
purity, and chastity of society extending to the family?
lasciviousness, is clearly not art but clear and unmitigated obscenity,
indecency, and an offense to public morals, inspiring and causing as it does,
Doctrines: 1. The tests of obscenity
nothing but lust and lewdness, and exerting a corrupting influence especially
2. Pictures portraying the inhabitants of the country in native dress
on the youth of the land.
and as they appear and can be seen in the regions in which they live, are not
obscene or indecent.
Art. 202 - Vagrancy and Prostitution
Dissent:
 While the pictures are not obscene, they are indecent because they Persons Punished in Vagrancy and Prostitution
offend modesty and refinement.
 Women in Manila would not dare to pose in the same fashion as in 1. Any person having no apparent means of subsistence, who has the
the women did in these pictures. physical ability to work and who neglects to apply himself or herself to some
 Therefore, they are still indecent in the place where they are lawful calling
exhibited.
2. Any person found loitering about public or semi-public buildings or places
People v. Aparici, 52 O.G, 249; August 30, 1955- Aparici was dancing or trampling or wandering about the country or the streets without visible
provocatively and almost nude in a theater. The audience was shouting means of support
“Sigue muna, sigue nakakalibog.” The police arrested her. Aparici contends
that she was dancing a hula-hula dance, portraying the life of a widow whose 3. Any idle or dissolute person who ledges in houses of ill fame
husband was killed by the Japanese. Despite this, TC convicted her. CA
affirmed conviction by taking into consideration the reaction of the public 4. Ruffians
during the performance. The reaction of the public was such as to give an
unequivocal verdict that her dancing was indecent and erotic. 5. Pimps

Doctrines: 1. Used tests of obscenity in Kottinger. 6. Those who habitually associate with prostitutes
2. The reaction of the public during the performance should be
made the gauge whether a person’s exhibition was indecent and erotic. 7. Any person who, not being included in the provisions of other articles of this
Code, shall be found loitering in any inhabited or uninhabited place belonging
to another without any lawful or justifiable purpose
of the RPC. She initially pleaded not guilty but, later, she urged that the case
8. Prostitutes be dismissed because she contends that said Art. 202, paragraph 2 is
unconstitutional for being vague and overbroad, violative of the due process
A maintainer of a house of prostitution may be considered a vagrant within clause of the Constitution, and that it proscribes status criminality. Hon.
Paragraph 3 (1) of this article. Navarro-Domingo denied the motion on the grounds that said Art. 202,
paragraph 2 was never declared unconstitutional by the Supreme Court or
What is Dissolute? repealed by Congress. Thus, Perez filed this petition for certiorari and
prohibition with the SC but it was referred to the RTC of Quezon City. The
Dissolute means lax, unrestrained, immoral. RTC decided two things: an MTC can declare a law unconstitutional on the
basis of a reading of Sec 2 (A) of Art. VIII of the 1987 Constitution and that
What are Ruffians? said Art. 202, paragraph 2 is unconstitutional because it lacks the requirement
of malice as required in felonies committed by dolo.
Ruffians are brutal, violent, lawless persons.
Doctrines: 1. Lower courts can declare a law unconstitutional, if raised as an
issue before them, on the basis of a reading of Sec 2 (A) of Art. VIII of the
What is a Pimp? 1987 Constitution.
2. Art. 202, paragraph 2 lacks the requirement of malice as
A pimp is one who provides gratification for the lust of others. (U.S. v. Cruz, required in felonies committed by dolo, and is therefore, unconstitutional.
38 Phil. 677)
RA 9208 Punishes those who Engage in Trafficking of
What are Prostitutes (as Defined in this Article)?
Persons (including those who Traffic Prostitutes)
Prostitutes are women, who for money or profit, habitually indulge in sexual
intercourse or lascivious conduct. Trafficking in Persons - refers to the recruitment, transportation, transfer or
harboring, or receipt of persons with or without the victim's consent or
knowledge, within or across national borders by means of threat or use o
Mendicancy and Abetting Mendicancy are Punished in PD force, or other forms of coercion, abduction, fraud, deception, abuse of power
1563 or of position, taking advantage of the vulnerability of the person, or, the
giving or receiving of payments or benefits to achieve the consent of a person
The decree defines a mendicant as one who has no visible and legal means having control over another person for the purpose of exploitation which
of support, or lawful employment and who is physically able to work but includes at a minimum, the exploitation or the prostitution of others or other
neglects to apply himself to some lawful calling and instead uses begging as forms of sexual exploitation, forced labor or services, slavery, servitude or the
a means of living. removal or sale of organs.
It also punishes those persons who abet mendicancy by giving alms directly The recruitment, transportation, transfer, harboring or receipt of a child for the
to mendicants, exploited infants, and minors on public roads, sidewalks, parks purpose of exploitation shall also be considered as "trafficking in persons"
and bridges. even if it does not involve any of the means set forth in the preceding
But giving alms through organized agencies operating under the rules and paragraph.
regulations of the Ministry of Public Information is not a violation of the
Mendicancy Law.

A vagrant without visible means of support may become a mendicant if he


uses begging as a means of living.
Case Acts Punished in RA 9208
Perez v. Hon. Navarro-Domingo, CC No. Q-96-26153; August 28, 1996-
Perez was charged of being a vagrant punishable under Art. 202, paragraph 2
1. Recruiting, Transporting, Transferring, Harboring, Providing, or Receiving a 4. Undertaking or Organizing tours and travel plans consisting of tourism
person by any means, including those done under the pretext of domestic or packages or activities for the purpose of utilizing and offering persons for
overseas employment or training or apprenticeship, for the purpose of prostitution, pornography or sexual exploitation.
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage. 5. Maintaining or hiring a person to engage in prostitution or pornography.

2. Introducing or Matching for money, profit, or material, economic or other 6. Adopting or Facilitating the adoption of persons for the purpose of
consideration, any person or, as provided for under Republic Act No. 6958, prostitution, pornography, sexual exploitation, forced-labor, slavery,
any Filipino woman to a foreign national, for marriage for the purpose of involuntary servitude or debt bondage.
acquiring, buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude 7. Recruiting, Hiring, Adopting, Transporting or Abducting a person, by means
or debt bondage. of threat or use of force, fraud, deceit, violence, coercion, or intimidation for
the purpose of removal or sale of organs of said person.
3. Offering or Contracting marriage, real or simulated, for the purpose of
acquiring, buying, offering, selling, or trading them to engage in prostitution, 8. Recruiting, Transporting or Adopting a child to engage in armed activities in
pornography, sexual exploitation, forced labor or slavery, involuntary servitude the Philippines or abroad.
or debt bondage.

TITLE 7 - CRIMES COMMITTED BY PUBLIC OFFICERS


Chapter One (Preliminary Provisions):
1. Art. 203 – Who Are Public Officers

Chapter Two (Malfeasance and Misfeasance in Office):


Section One (Dereliction of Duty)
2. Art. 204 – Knowingly Rendering Unjust Judgment
3. Art. 205 – Judgment Rendered Through Negligence
4. Art. 206 – Unjust Interlocutory Order
5. Art. 207 – Malicious Delay in the Administration of Justice
6. Art. 208 – Prosecution of Offenses, Negligence, and Tolerance
7. Art. 209 – Betrayal of Trust by an Attorney or Solicitor – Revelation of Secrets

Chapter One (Preliminary Provisions) Chapter Two (Malfeasance and Misfeasance in Office)

Art. 203 - Who Are Public Officers What is Malfeasance?

Requisites of a Public Officer Malfeasance is the performance of some act which ought not to be done. Arts.
210 and 211 are examples of malfeasance.
To be a public officer, one must be –
What is Misfeasance?
1. (a) Taking part in the performance of public functions in the government, or
Misfeasance is the improper performance of some act which might lawfully be
(b) Performing in said Government or in any of its branches public duties done. Arts. 204-207 are examples of misfeasance.
as an employee, agent, or subordinate official, of any rank or class and
What is Nonfeasance?
2. That his authority to take part in the performance of public functions or to
perform public duties must be – Nonfeasance is the omission of some act which ought to be performed. Art.
(a) By direct provision of the law, or 208 is an example of nonfeasance.
(b) By popular election, or
(c) By appointment by competent authority. Arts. 204-209 are Crimes under Dereliction of Duty
One appointed as laborer in the government is not a public officer but
temporary performance of public functions by a laborer makes him a public
officer.

Chapter Two (Malfeasance and Misfeasance in Office)


Section One (Dereliction of Duty)
Articles 204 – 207
Art. 207
Art. 204 Art. 205
Art. 206 Malicious Delay in the
Provision Knowingly Rendering Unjust Judgment Rendered Through
Unjust Interlocutory Order Administration of
Judgment Negligence
Justice
Knowingly rendering unjust judgment Rendering a manifestly unjust Knowingly or by reason of Malicious Delay in the
Act(s)
in any case submitted to him for judgment in any case submitted to inexcusable negligence or Administration of Justice
punished in
decision him for decision by reason of ignorance rendering an unjust
general
inexcusable negligence or ignorance interlocutory order
Who may Any Judge Any Judge Any Judge Any Judge
commit
1. That the offender is a judge 1. That the offender is a judge 1. That the offender is a judge 1. That the offender is a
judge
2. That he renders a judgment in a 2. That he renders a judgment in a 2. That he performs any of the
case submitted to him for decision case submitted to him for decision following: 2. That there is a
proceeding in his court
3. That the judgment is unjust 3. That the judgment is manifestly a. Knowingly renders unjust
Elements
unjust interlocutory order or decree or 3. That he delays in the
4. That the judge knows that his administration of justice
judgment is unjust 4. That it is due to his inexcusable b. Renders a manifestly unjust
negligence or ignorance interlocutory order or decree 4. That the delay is
through inexcusable negligence malicious
or ignorance
PM and Perpetual Absolute AMayor and Temporary Special If committed knowingly: PC (Min)
Disqualification Disqualification AMayor (Max) and Suspension
Crime(s) and
If committed by reason of
Penalty(ies)
inexcusable negligence or
ignorance:
Suspension only
Definition of Judgment is the final consideration A manifestly unjust judgment is such An interlocutory order is an order Malicious, in this article,
terms and determination of the Court of if it is so manifestly contrary to law, which is issued by the court means that the delay is
competent jurisdiction upon the that even a person having a meager between the commencement and caused by the judge with
An Unjust Judgment is one which is knowledge of the law cannot doubt the end of the suit or action which deliberate intent to inflict
contrary to law, or is not supported by the injustice. decides some matter, but which, damage on either party in
the evidence, or both. however, is not a final decision of the case.
Abuse of discretion or mere error of the matter in issue.
An unjust judgment is rendered judgment not punishable. Mere delay, without
knowingly, when it is made The test in determining whether malice, is not a felony
deliberately and maliciously. an order or judgment is under this article.
interlocutory or final is: Does it
The source of unjust judgment may leave something to be done in
either be error or ill-will or revenge, or the trial court with respect to
bribery. the merits of the case? If it
does, it is interlocutory. If it does
No liability if mere error in good faith. not, it is final.

There must be evidence that An order granting preliminary


judgment is unjust – it cannot be injunction or an order appointing
presumed. a receiver is interlocutory.
Counterpart None None None None

Chapter Two (Malfeasance and Misfeasance in Office)


Section One (Dereliction of Duty)
Articles 208 and 209
Art. 208 Art. 209
Provision
Prosecution of Offenses, Negligence, and Tolerance Betrayal of Trust by an Attorney or Solicitor – Revelation of Secrets
Act(s) Maliciously refraining from instituting prosecution against Betrayal of Trust and Revelation of Secrets by an Attorney or Solicitor
punished in violators of the law or Maliciously tolerating the commission of
general offenses
Who may Any public officer or officer of the law Any attorney-at-law or solicitor (procurador judicial)
commit
1. That the offender is a public officer or officer of the law who
1. 1. That the offender is an attorney-at-law or solicitor
has a duty to cause the prosecution of, or to prosecute,
offenses 2. That the offender does the following acts:

2. That there is dereliction of the duties of his office; that is: a. Causing damage to his client by either:

a. Knowing the commission of the crime, he does not cause the i. By any malicious breach of professional duty
prosecution of the criminal or
ii. By inexcusable negligence or ignorance
Elements b. Knowing that a crime is about to be committed, he tolerates
its commission b. Revealing any of the secrets of his client learned by him in his
professional capacity
3. That the offender acts with malice and deliberate intent to
favor the violator of the law. c. Undertaking the defense of the opposing party in the same case without
the consent of his first client, after:

i. Having undertaken the defense of said first client

ii. Having received confidential information from said client


Crime(s) and PC (Min) and Suspension PC (Min) or Fine ranging from P 200 – P 1,000 or Both
Penalty(ies)
Negligence, in this article, does not mean merely lack of A Procurador Judicial is a person who had some practical knowledge of law
foresight or skill but neglect of the duties of his office by and procedure, but not a lawyer, and was permitted to represent a party in a
maliciously failing to move the prosecution and case before an inferior court.
punishment of the delinquent.
However, there are no solicitors or procurador judicial in the present
Public Officer extends to officers of the prosecution department, Rules of Court.
whose duty is to institute criminal proceedings for felonies upon
Definition of
being informed of their perpetration. Thus, public officers
terms
liable under this article must have a duty to prosecute or to
move the prosecution of the violation of the law, including
chief of police and Punong Barangays.

Officer of the law includes all those who, by reason of the


position held by them, are in duty bound to cause the
prosecution and punishment of the offenders.
Counterpart None None