RULE of COURT; RULE 113

Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may,
without a warrant, arrest a person:

(b) When an offense has just been committed, and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it;
and

ACT NO. 3815

Section One. - Dereliction of duty
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.

RE: COMPLAINT OF AERO ENGR. DARWIN A. RECI AGAINST COURT ADMINISTRATOR

JOSE MIDAS P. MARQUEZ AND DEPUTY COURT ADMINISTRATOR THELMA C. BAHIA
RELATIVE TO CRIMINAL CASE NO. 05-236956

Dereliction of duty may be classified as gross or simple neglect of duty or negligence. Gross
neglect of duty or gross negligence "refers to negligence characterized by the want of even
slight care, or by acting or omitting to act in a situation where there is a duty to act, not
inadvertently but wilfully and intentionally, with a conscious indifference to the consequences,
insofar as other persons may be affected. It is the omission of that care that even inattentive
and thoughtless men never fail to give to their own property." It denotes a flagrant and culpable
refusal or unwillingness of a person to perform a duty. In cases involving public officials, gross
negligence occurs when a breach of duty is flagrant and palpable.2 In contrast, simple neglect of
duty means the failure of an employee or official to give proper attention to a task expected of
him or her, signifying a "disregard of a duty resulting from carelessness or indifference."3

THE HONORABLE OFFICE OF THE OMBUDSMAN, Petitioner, v. LEOVIGILDO DELOS

REYES, JR.,

As acknowledged by respondent,45 to be administratively liable for neglect of duty, the duty

need not be expressly included in the respondent's job description.46 Gross neglect of duty is
"characterized by the want of even slight care, acting or omitting to act in a situation where there
is a duty to act, not inadvertently but willfully and intentionally, with a conscious indifference to
consequences, insofar as other persons may be affected."47 This omission of care is that which
even "inattentive and thoughtless men never fail to give to their own property."48 "In cases
involving public officials, gross negligence occurs when a breach of duty is flagrant and
palpable.

With evidently intent to kill, willfully, unlawfully and feloniously attacked

E.O 17 of the province

No one is exempted from these policies. The police and military are authorized to make
necessary actions to ensure proper compliance for the public, if necessary.

Attempted murder qualified for evident premeditation

Frustrated homicide