Case Digest (G.R. No. 7404)
Facts:
- Isidoro Espiritusanto was the defendant, and the United States was the plaintiff.
- The case originated on November 16, 1910, in Malabon, Rizal, where Espiritusanto was caught collecting wagers for the gambling game jueteng.
- Local authorities confiscated tickets used for the game from him.
- The justice of the peace court imposed a fine of P50 and subsidiary imprisonment if he could not pay.
- Espiritusanto appealed this judgment.
- On June 24, 1911, the provincial fiscal of Rizal filed an information in the Court of First Instance, charging him with violating municipal ordinance No. 1, series of 1910, which banned jueteng.
- The ordinance, enacted by the Malabon municipal council, specified penalties for gambling activities.
- On September 25, 1911, the Court of First Instance upheld the lower court's judgment.
- Espiritusanto appealed again, claiming the ordinance was unconstitutional and that the court lacked jurisdiction.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the judgment of the Court of First Instance.
- The court ruled that the municipal ordinance was constitutional and that the municipal council acted within its authority. ...(Unlock)
Ratio:
- The court stated that the municipal council of Malabon had the authority to regulate gambling under the Municipal Code, specifically section 39.
- The ordinance aligned with Act No. 1757, which prohibits games of chance, including jueteng. ...continue reading
Case Digest (G.R. No. 7404)
Facts:
The case involves Isidoro Espiritusanto as the defendant and the United States as the plaintiff. The events leading to this case began on November 16, 1910, in Malabon, Rizal, where Espiritusanto was found engaged in collecting wagers for the gambling game known as jueteng. The local authorities seized tickets necessary for conducting the game from his possession. Following these events, the justice of the peace court of Malabon rendered a judgment against him, imposing a fine of P50 and subsidiary imprisonment in case of insolvency. Espiritusanto appealed this judgment, leading to the provincial fiscal of Rizal filing an information in the Court of First Instance on June 24, 1911, charging him with a violation of municipal ordinance No. 1, series of 1910, which strictly prohibited the game of jueteng within the municipality. The ordinance, enacted by the municipal council of Malabon, outlined penalties for violations, including the collection of wagers and the operation of gambling houses. On September 25, 1911, the Court of First Instance affirmed the lower court's judgment, leading Espiritusanto to appeal a...