1. By maliciously refraining from instituting prosecution against violators
of the law
2. By maliciously tolerating the commission of offenses
Dereliction of duty in the prosecution of offenses:
1. That the offender is a public officer or officer of the law who has a
duty to cause the prosecution of, or to prosecute offenses;
2. That there is dereliction of the duties of his office, that is, knowing
the commission of the crime, he does not cause
(a) the prosecution of the criminal (People vs. Rosales, G.R. no. 42648) or
(b) knowing that a crime is about to be committed he tolerates its
commission; (If gift/promise is a consideration for his conduct, crime
is direct bribery.) and
3. That the offender acts with malice and deliberate intent to favor the
violator of the law.
Prevaricacion means the negligence and tolerance in the prosecution of
There must be a duty on the part of the public officer to prosecute or
move for the prosecution of the offender. However, a fiscal is under no
compulsion to file an information based upon a complaint if he is
convinced that the evidence before him is insufficient to warrant filing
an action in court.
The crime must be proved first before an officer can be convicted of
dereliction of duty.
“Maliciously” signifies deliberate evil intent; a dereliction of duty
caused by poor judgment or honest mistake is not punishable.
A public officer who harbors, conceals, or assists in the escape of an
offender, when it is his duty to prosecute him, is liable as principal
in the crime of dereliction of duty in the prosecution of offenses. He
is not an accessory.
This article not applicable to revenue officers.
This crime can only be committed by a public officer whose official duty
is to prosecute offenders.
While in Article 208, dereliction of duty refers only to prosecuting
officers, the term PREVARICACION applies to public officers in general
who is remiss or who is maliciously refraining from exercising the duties
of his office.