G.R. No. L-390, October 22, 1901
THE UNITED STATES, complainant-appellee, vs. FLORENTINO NARVAES, defendant-appellant.

FACTS:
The defendant, Florentino Narvaes, was the justice of the peace of Bulusan. He was charged with the crime of official dereliction under Article 355 of the Penal Code. The accusation stemmed from allegations that on specified dates in 1892, the prohibited game of monte was played in his house, which also served as the location of the justice court, and in another house he owned in the township of San Isidro during a holiday. Several witnesses, including some who participated in the games, testified to these events.

ISSUE:
Whether the defendant is guilty of the crime of official dereliction for willfully omitting to prosecute individuals who played monte in his house, with his knowledge and consent.

RULING:
The Supreme Court acquitted the defendant. To establish official dereliction, it was necessary to first determine if the crime of unlawful gambling under Article 343 of the Penal Code was committed by the players. Article 343 penalizes bankers, owners of gambling houses, and players who assemble in houses kept for games of chance. The evidence did not prove that the defendant’s house was reputed or dedicated as a gambling house. Since the house was not known as a place devoted to harboring gambling, the crime of unlawful gambling was not committed. Consequently, there was no punishable act which the defendant, as a justice of the peace, willfully failed to prosecute. Therefore, the essential element of the crime of official dereliction was absent. The acquittal was ordered with costs de oficio, and the lower court was directed to proceed regarding the attachment of his property according to law.