Case Digest (G.R. No. 6941)
Facts:
The United States v. Isidro Hilario, G.R. No. 6941. March 06, 1913, the Supreme Court, Trent, J., writing for the Court. The United States (plaintiff-appellant) prosecuted Isidro Hilario (defendant-appellee) in the Municipal Court of the City of Manila for violating Section 621 of the Revised Ordinances of Manila by permitting the playing for money of a game called "nones y pares" in his billiard hall. The complaint alleged that on or about March 17, 1911, Hilario, as owner or in charge of premises on Pulung-Mayaman Street, "voluntarily and illegally permitted the playing in the same of a game called nones y pares for money and things of value, in violation of section 621, Revised Ordinances of the city of Manila."In the municipal court Hilario demurred to the complaint; the court sustained the demurrer and dismissed the complaint. The Government appealed to the Court of First Instance (CFI), where the demurrer was again sustained on the ground that the facts alleged did not constitute a public offense. The Government then appealed from that order to the Supreme Court.
Below the CFI the courts had considered, and the municipal court purported to consider, factual admissions and judicial notice that "nones y pares" is a game of skill (akin to pool or skittle). The Supreme Court observed these admissions could not properly be considered on demurrer, and proceeded instead to examine whether, as a matter of law, the municipal ordinance sections (notably Sec. 621–625 of the Revised Ordinances) were intended to reach games of skill or only games of chance when read in light of the prevailing general law (including Article 343 et seq. of the Penal Code as in force and Act No. 1757).
The Court reviewed the municipal board’s delegation of authority under Act No. 183, the prior Penal Code provisions and later definition in Act No. 1757 (which defined gambling as playing or betting on any game the result of which depends wholly or chiefly upon chance), and relevant precedents (including United States v. Chan-Cun-Chay and U.S...(Subscriber-Only)
Issues:
- Does the complaint, as demurred to, allege facts sufficient to constitute a public offense under Section 621 of the Revised Ordinances of Manila?
- Does Section 621 et seq. of the Revised Ordinances prohibit the keeping or permitting of tables or devices for playing games of skill (such as "nones y pares"), or does it reach only games of chance as...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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