Case Digest (G.R. No. 216933)
Facts:
Paquito Toh Bustillo @ Kits, petitioner, vs. People of the Philippines, respondent, G.R. No. 216933, March 15, 2021, Supreme Court Third Division, Leonen, J., writing for the Court.In 2008 petitioner Paquito Toh Bustillo was charged with violating Presidential Decree No. 1602, as amended by Republic Act No. 9287, for acting as a masiao agent/collector (issuing three-number combinations). The Information alleged that on February 6, 2008 at about 11:00 p.m. in Cebu City he was found in possession of masiao paraphernalia and cash and “did then and there engage in an illegal gambling activity known as ‘Jai-Alai Masiao’ … by issuing such numbers or combinations to a customer/bettor.” Bustillo posted P2,000 bond, pleaded not guilty, and trial on the merits followed.
The prosecution called three police officers—SPO2 Rene Cerna, PO1 Ramil Tanggol, and PO2 Wetzel Berry—who testified they observed Bustillo issuing number combinations at Pier 3, arrested him (in civilian clothes), and recovered cut papers, paper stubs and P146.00, which were turned over to the evidence custodian and later marked at the station. The officers’ accounts differed on whether their presence was prompted by an anonymous tip or a preventive patrol, who actually recovered and marked the items, and on how many bettors were present.
Bustillo and a lay witness testified that he was selling liniment and that police in civilian attire accosted him, frisked him, and took money; Bustillo denied issuing masiao tickets and disowned most of the paraphernalia. The Regional Trial Court (RTC), Branch 58, Cebu City, convicted him (March 23, 2009) and sentenced him to imprisonment of six years and one day to eight years. On appeal, the Court of Appeals (CA) affirmed but modified the penalty to an indeterminate sentence of eight years and one day to nine years (Decision dated December 21, 2012; Resolution denying reconsideration May 13, 2014), finding the Information sufficiently descriptive and placing weight on the officers’ testimony and the presumption under RA 9287, Sec. 4 that possession of gambling paraphernalia is prima facie evidence of an offense.
Bustillo filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court...(Subscriber-Only)
Issues:
- Did the Information violate the accused’s constitutional right to be informed of the nature and cause of the accusation against him?
- Was the accused proven guilty beyond reasonable doubt of violating RA 9...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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