EN BANC
[G.R. No. 43430. January 7, 1936. ]
THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. FILEMON D. MALABANAN, Defendant-Appellant.
Eusebio M. Lopez for Appellant.
Solicitor-General Hilado for Appellee.
SYLLABUS
1. CRIMINAL LAW; ILLEGAL COCK-FIGHTING; DERELICTION OF OFFICIAL DUTY. — it is not clear whether the Government is claiming the right to punish appellant because he did not institute prosecution against himself for organizing a cock-fight on a day other than those permitted by law, or because it was his duty to have prosecutions instituted against all who attended the cock-fights and bet money thereon.
2. ID.; ID.; ID.; "MALICIA", DEFINED. — The definition of the Spanish word malicia, root of the word maliciosamente used in article 208, found in 21 Enciclopedia Juridica Española, page 542, indicates what the ordinary use of the word connotes, that the action complained of must be the result of a deliberate evil intent and does not cover a mere voluntary act.
3. ID.; ID.; ID.; ARTICLE 208, REVISED PENAL CODE, CONSTRUED. — It is clear the given article 208, Revised Penal Code, the most liberal interpretation possible would result in impossible conditions in these islands. If every public functionary who fails to institute criminal proceedings for every misdemeanor which he has reason to believe has been committed, is liable to be sent to jail for a year and a half as a felon, an intolerable situation would occur. Every municipal president in the Islands would be subject to conviction by the machinations of his political enemies, under a statute as rigorous as any devised by Draco.
2. ID.; ID.; ID.; "MALICIA", DEFINED. — The definition of the Spanish word malicia, root of the word maliciosamente used in article 208, found in 21 Enciclopedia Juridica Española, page 542, indicates what the ordinary use of the word connotes, that the action complained of must be the result of a deliberate evil intent and does not cover a mere voluntary act.
3. ID.; ID.; ID.; ARTICLE 208, REVISED PENAL CODE, CONSTRUED. — It is clear the given article 208, Revised Penal Code, the most liberal interpretation possible would result in impossible conditions in these islands. If every public functionary who fails to institute criminal proceedings for every misdemeanor which he has reason to believe has been committed, is liable to be sent to jail for a year and a half as a felon, an intolerable situation would occur. Every municipal president in the Islands would be subject to conviction by the machinations of his political enemies, under a statute as rigorous as any devised by Draco.
D E C I S I O N
HULL, J.:
Appellant was convicted in the Court of First Instance of Batangas of a violation of article 208 of the Revised Penal Code.
In July, 1933, appellant was municipal president of the municipality of San Juan, Province of Batangas, and was engaged in raising funds for the construction of a ward in the provincial hospital, for tubercular patients. Notwithstanding all his efforts to secure contributions, he was unable to approximate the quota which had been set for his town by the provincial authorities, and he therefore on July 22 and July 29, organized and held cock-fights, neither day being authorized by law for such purposes.
Article 208, of which appellant was found guilty, reads as follows:jgc:chanrobles.com.ph
"ART. 208. Prosecution of offenses; negligence and tolerance. — 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, or shall tolerate the commission of offenses."cralaw virtua1aw library
It is not clear whether the Government is claiming the right to punish appellant because he did not institute prosecution against himself for organizing a cock-fight on a day other than those permitted by law or, under the last clause, that it was his duty to have prosecutions instituted against all who attended the cock-fights and bet money thereon.
It is also contended in argument that the word "maliciously" in the Act means no more than mere knowledge or voluntary violation of the law and that it only applies to the first clause and does not qualify the toleration therein denounced. It is true that the word "maliciously" has been given by the courts different meanings according to the context of the legislation in which the word is used. The Spanish text of the Act being the controlling one, the definition of malicia found in 21 Enciclopedia Juridica Española, page 542, is instructive.
"MALICIA. El estado de espiritu que se complace en el deseo y practica de una accion perversa, a sabiendas de su maldad y no obstante esta.
"La malicia es la caracteristica subjetiva o psicologica de delito, segun las ideas tradicionales de la escuela penal española. Asi, desde los comienzos de la codificacion, el Codigo Penal de 1822 definia el delito de esta suerte: ’Comete delito el que, libre y voluntariamente, y con malicia, hace u omite lo que, libre la ley prohibe o manda bajo alguna pena’ (art. 1.
In July, 1933, appellant was municipal president of the municipality of San Juan, Province of Batangas, and was engaged in raising funds for the construction of a ward in the provincial hospital, for tubercular patients. Notwithstanding all his efforts to secure contributions, he was unable to approximate the quota which had been set for his town by the provincial authorities, and he therefore on July 22 and July 29, organized and held cock-fights, neither day being authorized by law for such purposes.
Article 208, of which appellant was found guilty, reads as follows:jgc:chanrobles.com.ph
"ART. 208. Prosecution of offenses; negligence and tolerance. — 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, or shall tolerate the commission of offenses."cralaw virtua1aw library
It is not clear whether the Government is claiming the right to punish appellant because he did not institute prosecution against himself for organizing a cock-fight on a day other than those permitted by law or, under the last clause, that it was his duty to have prosecutions instituted against all who attended the cock-fights and bet money thereon.
It is also contended in argument that the word "maliciously" in the Act means no more than mere knowledge or voluntary violation of the law and that it only applies to the first clause and does not qualify the toleration therein denounced. It is true that the word "maliciously" has been given by the courts different meanings according to the context of the legislation in which the word is used. The Spanish text of the Act being the controlling one, the definition of malicia found in 21 Enciclopedia Juridica Española, page 542, is instructive.
"MALICIA. El estado de espiritu que se complace en el deseo y practica de una accion perversa, a sabiendas de su maldad y no obstante esta.
"La malicia es la caracteristica subjetiva o psicologica de delito, segun las ideas tradicionales de la escuela penal española. Asi, desde los comienzos de la codificacion, el Codigo Penal de 1822 definia el delito de esta suerte: ’Comete delito el que, libre y voluntariamente, y con malicia, hace u omite lo que, libre la ley prohibe o manda bajo alguna pena’ (art. 1.
