Refraining from prosecution of offenses, Revised Penal Code

1. Concept

Article 208. The penalty of prision correccional in its minimum period and suspension shall be imposed upon any public officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law... (Act No. 3815, Revised Penal Code)

a. Public officer

“Public officer” –refers to any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, of shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class, for purposes of Titles 1 to 6, Book 2 of the Revised Penal Code. (Article 203, Act No. 3815, Revised Penal Code)

2. Mode of commission

Elements of the offense:

1) The offender is a public officer, or officer of the law;

2) He maliciously refrains from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of offenses; and

3) He commits such acts in dereliction of the duties of his office.

References

⦁ Title 7 – Crimes Committed by Public Officers, Book 2, Revised Penal Code

/Updated: December 30, 2022
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