Case Digest (G.R. No. L-1896)
Facts:
The People of the Philippines v. Rafael Balmores y Caya, G.R. No. L-1896, February 16, 1950, the Supreme Court En Banc, Ozaeta, J., writing for the Court.The case arose from an information filed in the Court of First Instance of Manila charging Rafael Balmores y Caya with attempted estafa through falsification of a security — specifically, a Philippine Charity Sweepstakes (PCS) ticket. The information alleged that on or about September 22, 1947, in Manila the accused tore off a bottom portion of a genuine 1/8 unit PCS ticket, thereby removing the ticket's true and unidentified number, and then substituted and wrote in ink the number "074000" (a prize-winning number in the June 29, 1947 draw), and presented the altered ticket at the PCS Office to obtain cash for the alleged prize. An employee, Bayani Miller, discovered the falsification and summoned a policeman who arrested the accused.
At the trial court (Judge Emilio Pena presiding), the accused waived assistance of counsel and pleaded guilty. He was sentenced to suffer not less than ten years and one day of prision mayor and not more than twelve years and one day of reclusion temporal, to pay a P100 fine, and costs. From that sentence the appellant appealed to the Supreme Court.
On appeal appellant raised two grounds: (1) the facts charged did not constitute an offense (arguing, among other points, that tickets for the June 29, 1947 draw were issued only in 1/4 units, so a 1/8 unit could not have been genuine); and (2) the trial court lacked jurisdiction to accept a plea of guilty because the appellant, being illiterate, was not assist...(Subscriber-Only)
Issues:
- Did the facts charged in the information constitute an offense?
- Did the trial court lack jurisdiction to convict the appellant on a plea of guilty because he was illiterate and not assisted ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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