Case Summary (G.R. No. L-8531)
Charge and Court Proceedings
The appellant was charged with a violation of Article 195 of the Revised Penal Code, which pertains to illegal gambling activities. Specifically, he was accused of unlawfully possessing cash (P7.90), a pencil, and two pieces of jueteng lists which were intended for use in a game of chance commonly known as jueteng. After pleading guilty, the Court of First Instance of Manila sentenced him to an indeterminate penalty ranging from six months and one day to two years, four months, and one day of prision correctional, along with the obligation to bear the costs.
Applicable Law and Sentencing
The sentencing was conducted under subdivision (c) of Article 195 of the Revised Penal Code, which prescribes a penalty of prision correctional in its medium degree for individuals found guilty of possessing lottery lists and associated articles used in gambling games like jueteng. The appellant's counsel argued that the sentence should instead have been a fine under subdivision (a) of the same article. However, this argument was rejected by the court.
Court's Interpretation and Conclusion
The court clarified that an individual can be subject to subdivision (a) only if they do not fall under subdivisions (b) or (c). In this case, the appellant explicitly fell under subdivision (c) because the information indicated that he possessed jueteng lists unlawfully and knowingly, without
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Case Overview
- The case involves an appeal from a judgment rendered by the Court of First Instance of Manila against Santiago Siguenza, who was charged with violating Article 195 of the Revised Penal Code.
- The charge stemmed from an incident dated November 7, 1954, where Siguenza was found in possession of cash, a pencil, and jueteng lists, all associated with the illegal gambling activity known as jueteng.
Factual Background
- Santiago Siguenza was identified as a jueteng collector in a gambling den known as 'Peping' and 'Bago'.
- Upon his arrest, he was discovered to possess:
- Cash amounting to P7.90
- One Eberhand Faber 'Mongol' pencil
- Two pieces of jueteng lists that were either used or intended for use in the game of jueteng.
- Siguenza pleaded guilty to the charges against him.
Judicial Proceedings
- The trial court sentenced Siguenza to an indeterminate penalty ranging from 6 months and 1 day to 2 years, 4 months, and 1 day of prision correctional, along with costs.
- The sentencing was specifically under subdivision (c) of Article 195 of the Revised Penal Code, which pertains to illegal possession of gambling-related materials.
Legal Provisions
- Article 195 outlines various