ART 200.

GRAVE SCANDAL
Elements:
1.
2.
3.
4.

That the offender performs an act or acts.

That such act or acts be highly scandalous as offending against decency or good customs.
That the highly scandalous conduct is not expressly falling within any article of this Code.
That the act or acts complained of be committed in a public place or within the
public knowledge or view.

The acts must be performed in a public place or within the public knowledge or view
When the acts were performed in a private house and seen by one person, the crime was not
committed.
ART 201. IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS, AND
INDECENT SHOWS

Persons Liable:
1. Those who shall publicly expound or proclaim doctrines openly and contrary to public morals.
2. The authors of obscene literature, published with their knowledge in any form; the
editors publishing such literature; and the owners, operating the establishment or selling
the same.
Mere possession is not punishable.
The crime of illegal publication is also committed when the real printers name is not
divulged.
3. Those who, in theaters, fairs, cinematographs or any other place, exhibit indecent or
immoral shows which are proscribed or are contrary to morals, good customs, established
policies, lawful orders, decrees and edicts
4. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature
which are offensive to morals

Publicity is required
The author is liable only when it is published with his knowledge
Test of Obscenity: Whether the motive of the picture is pure or impure.
Additional penalties apply if the offender is a government official.
ARTICLE 202. VAGRANTS AND PROSTITUTES

Persons Liable:
1. Any person having no apparent means of subsistence, who has the physical ability to work
and who neglects to apply himself to some lawful calling; (Mendicant)
2. Any person found loitering about public or semipublic buildings or places or tramping or
wondering about the country or the streets without visible means of support;
3. Any idle or dissolute person who lodges in houses of ill fame; ruffians or pimps and those
who habitually associate with prostitutes; (Vagrant)
4. 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.
5. Prostitutes
Prostitutes women who, for money or profit habitually indulge in sexual intercourse or
lascivious conduct.

ARTICLE 203. WHO ARE PUBLIC OFFICERS

Requisites:
To be a public officer one must be
1. Taking part in the performance of public functions in the government, or performing in
said Government or in any of its branches public duties as an employee, agent or
subordinate official, of any rank or class; and
2. That his authority to take part in the performance of public functions or to perform
public duties must be
a. By direct provision of the law, or
b. By popular election, or
c. By appointment by competent authority
Misfeasance improper performance of some act which might lawfully be done
Malfeasance the performance of some act which ought not to be done
Nonfeasance omission of some act which ought to be performed

ARTICLE 204. KNOWINGLY RENDERING UNJUST JUDGMENT

Elements:
1.
2.
3.
4.

That
That
That
That

the offender is a judge;

he renders a judgment in a case submitted to him for decision;
the judgment is unjust;
the judge knows that his judgment is unjust.

Judgment the final consideration and determination of a court of competent jurisdiction upon
the matters submitted to it, in an action or proceeding
Unjust judgment is one which is contrary to law, or is not supported by evidence, or both
Sources of unjust judgment: (BIE)

1. Error, or
2. Ill-will or revenge, or
3. Bribery
There is no liability at all for a mere error in good faith.
There must be evidence that the judgment is unjust for it cannot be presumed.
Does not apply to members of a collegiate court.

ARTICLE 205. JUDGMENT RENDERED THROUGH NEGLIGENCE

Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him for decision;

3. That the judgment is manifestly unjust;

4. That it is due to his inexcusable negligence or ignorance.
Manifestly Unjust Judgment - It is so manifestly contrary to law, that even a person having a
meager knowledge of the law cannot doubt the injustice (Albert)

Abuse of discretion or mere error of judgment is NOT punishable.

ARTICLE 206. UNJUST INTERLOCUTORY ORDER

Elements:
1. That the offender is a judge;
2. That he performs any of the following acts:
a. Knowingly renders unjust interlocutory order or decree, or
b. Renders a manifestly unjust interlocutory order or decree through inexcusable
negligence or ignorance.
Interlocutory order an order which is issued by the court between the commencement and
the end of a suit or action and which decides some point or matter, but which, however, is not a
final decision of the matter in issue.

ARTICLE 207. MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE

Elements:
1.
2.
3.
4.

That the offender is a judge;

That there is a proceeding in court.
That he delays the administration of justice;
That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to
inflict damage on either party in the case.

Mere delay without malice is NOT a felony under this article.

If the delay is NOT malicious, but committed through gross negligence, the crime committed
is that under RA 3019, Sec. 3(e).

ARTICLE 208. PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE

Acts punished:
1. By maliciously refraining from instituting prosecution against violators of the law;
2. By maliciously tolerating the commission of a crime.

Elements:
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 knowing the commission of the crime, he does not cause the prosecution of the criminal
or knowing that a crime is about to be committed he tolerates its commission; and
3. That the offender acts with malice and deliberate intent to favor the violator of the law.

The guilt of the offender is a prejudicial question to the liability of the officer charged
under this provision.

Who Can Be Offenders in Art. 208?

1. Public officer
Officers of the prosecution department, whose duty is to institute criminal proceedings upon
being informed
2. Officer of the law
By reason of position held by them are duty-bound to cause prosecution and punishment of
offenders.

Any person who solicits, accepts, or agrees to accept any benefit in consideration of
abstaining from, discounting, or impeding the prosecution of a criminal offender is liable
under PD 182
Poor judgment or honest mistake is not punishable
Crime committed by the offender must be proven before conviction
Not applicable to revenue officers