Case Digest (G.R. No. 43430)
Facts:
The People of the Philippine Islands v. Filemon D. Malabanan, G.R. No. 43430, January 07, 1936, the Supreme Court, Hull, J., writing for the Court. The plaintiff-appellee was The People of the Philippine Islands; the defendant-appellant was Filemon D. Malabanan, who in July 1933 was the municipal president of San Juan, Batangas.In July 1933 Malabanan was engaged in raising funds for a tuberculosis ward at the provincial hospital. Having failed to meet the quota set for his municipality by provincial authorities, he organized and held cockfights on July 22 and July 29 — days not authorized by law for such contests. The information alleged that, as municipal president, he tolerated cockfights at which money was bet on unauthorized days.
At the Court of First Instance of Batangas the appellant was convicted of violating Article 208 of the Revised Penal Code (malicious refrain from instituting prosecution or tolerance of offenses). Malabanan appealed to the Supreme Court, contesting his conviction under Article 208 and, implicitly, the interpretation of the statutory term “maliciously” as applied to toleration of offenses.
The Supreme Court reviewed the conviction on appeal. Justice Hull authored the decision; a majority of ju...(Pro-only)
Issues:
- Whether appellant’s conduct (organizing and holding cockfights on unauthorized days and thereby tolerating illegal gambling) constituted a violation of Article 208 of the Revised Penal Code.
- Whether, alternatively, appellant should be punished under Article 199, paragraph 1 of the Revised Penal Cod...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)