Case Digest (G.R. No. 4781)
Facts:
- Councilor Baltasar Sarmiento was convicted for violating the prohibition on municipal officers having an interest in cockpits and billiard halls.
- Sarmiento was a councilor of the municipality of Tagbilaran in Bohol.
- He violated section 148 (e) of the Municipal Code, which prohibits municipal officers from having any interest, direct or indirect, in cockpits or other permitted games and amusements.
- Sarmiento was found to have been interested in two cockpits and a billiard hall in Tagbilaran.
Issue:
- (Unlock)
Ruling:
- The Court of First Instance of Bohol found Sarmiento guilty and sentenced him to six months of prision, with costs.
- The court affirmed the decisio...(Unlock)
Ratio:
- Sarmiento argued that the provision in the Internal Revenue Law repealed the provision in the Municipal Code that prohibited municipal officers from having an interest in cockpits and billiard halls.
- However, the court argued that the municipal council had other concerns with cockpits and billiard rooms aside from licensing them.
- The court cite...continue reading
Case Digest (G.R. No. 4781)
Facts:
The case of U.S. v. Sarmiento involves the conviction of councilor Baltasar Sarmiento for violating the prohibition on municipal officers having an interest in cockpits and billiard halls. The Court of First Instance of Bohol found Sarmiento guilty of being interested in two cockpits and a billiard hall in the municipality of Tagbilaran. This conviction is contrary to the provisions of section 28 of Act No. 82, as amended by Act No. 663. Sarmiento argued that the Internal Revenue Law, Act No. 1189, rendered the Municipal Code ineffective. He claimed that the repeal of the authority of municipalities to exact licenses for cockpits and billiard tables under section 146(e) of Act No. 1189 should also affect the prohibition on municipal officers having an interest in such e...