Case Digest (G.R. No. L-9598)
Facts:
The People of the Philippines v. Yu Hai alias "Haya", G.R. No. L-9598, August 15, 1956, the Supreme Court En Banc, Reyes, J.B.L., J., writing for the Court.On June 26, 1954, Yu Hai alias "Haya" was alleged to have permitted and maintained the game of panchong (paikiu), a game of hazard, in Caloocan. On October 22, 1954, the provincial fiscal filed an information in the Justice of the Peace Court of Caloocan charging the accused with violation of Article 195, sub-paragraph 2 of the Revised Penal Code (permitting/maintaining gambling), punishable by arresto menor or a fine not exceeding P200.
The accused moved to quash the information on the grounds that it charged more than one offense and that the offense had prescribed. On December 24, 1954, the Justice of the Peace sustained the motion to quash, holding that the offense was a "light offense" under Article 9 of the Revised Penal Code and therefore prescribed in two months under Article 90. The provincial fiscal appealed to the Court of First Instance, which affirmed the dismissal of the information. The provincial fiscal then appealed ...(Subscriber-Only)
Issues:
- Does the offense charged under Article 195, sub-paragraph 2 (permitting/maintaining a game of hazard) prescribe in two months as a "light offense" under Article 90 read with Article 9 of the Revised Penal Code?
- Should Article 26 (classification of fines as afflictive, correctional, or light when imposed as principal penalty) govern the classification of the offense for purposes of prescription, thus making...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)