Title
People vs. Narvaes
Case
G.R. No. 390
Decision Date
Oct 22, 1901
Justice of the peace acquitted of official dereliction; no unlawful gambling proven in his house, negating liability for failing to prosecute non-criminal acts.

Case Digest (G.R. No. 206038)
Expanded Legal Reasoning Model

Facts:

  • Defendant's Position and Allegations:
    • Florentino Narvaes, the defendant, was a justice of the peace in the town of Bulusan.
    • He was charged with the crime of official dereliction for permitting the game of monte (a prohibited game of chance) to be played in his house on three occasions: August 15, August 20, and November 27, 1892.
    • The house where the games occurred also served as the location of the justice court.
    • Additionally, monte was played in another house owned by Narvaes in the township of San Isidro during a holiday celebration.
  • Evidence Presented:
    • Several witnesses testified, including some who participated in the prohibited games.
    • The testimony confirmed that monte was played in Narvaes' house with his knowledge and consent.
  • Legal Context:
    • The case was brought under Article 355 of the Penal Code, which penalizes official dereliction.
    • However, the court also considered Article 343 of the Penal Code, which criminalizes unlawful gambling, to determine whether the crime of official dereliction was committed.

Issues:

  • Whether the crime of unlawful gambling (under Article 343 of the Penal Code) was committed by the individuals who played monte in Narvaes' house.
  • Whether Narvaes, as a justice of the peace, committed the crime of official dereliction (under Article 355 of the Penal Code) by willfully omitting to prosecute the players of monte.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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