G.R. No. 154409 - Spouses Abrigo vs. De Vera

On February 6, 2008, Paquito Toh Bustillo @ “Kits” was charged under Presidential Decree No. 1602 as amended by R.A. 9287 for acting as a “masiao” agent (collector) in an illegal numbers game (“Jai-Alai Masiao”).
The Information alleged he was found in possession of 14 sheets of paper with three-number combinations, two additional sheets marked “369-20,” and ₱416.25 in cash, and that he issued number combinations to bettors for a consideration.
Bustillo posted a ₱2,000 bond, pleaded not guilty, and trial on the merits ensued.

Prosecution witnesses—SPO2 Cerna, PO1 Tanggol, and PO2 Berry—testified they (a) either acted on an anonymous tip or conducted a preventive patrol at Pier 3, Cebu City; (b) saw Bustillo issuing paper slips to bettors; (c) arrested him in civilian attire; and (d) confiscated and later marked the masiao paraphernalia at the police station.
Defense witnesses—Bustillo and Kevin Albiso—testified Bustillo was selling herbal liniment, was frisked by police in civilian clothes, had only ₱146.00 (from liniment sales) taken, was not informed of his rights or offense, and that no masiao tickets were found on him. They claimed evidence was planted.

The Regional Trial Court convicted Bustillo of violating PD 1602 as amended, sentencing him to 6 years and 1 day to 8 years’ imprisonment.
On appeal, the Court of Appeals affirmed the conviction but modified the penalty to 8 years and 1 day to 9 years, ruling (a) the Information sufficiently apprised Bustillo of the charge; (b) possession of gambling paraphernalia is prima facie evidence of the offense; and (c) inconsistencies in police testimony were minor and did not defeat the strong evidence of guilt.

Whether Bustillo’s constitutional right to be informed of the nature and cause of the accusation was violated by the alleged vagueness of the Information.
Whether Bustillo was proven guilty beyond reasonable doubt of violating R.A. 9287 by acting as a collector or agent in an illegal numbers game.