GR 1726; (March, 1905) (Digest)
March 6, 2026GR 1740; (March, 1905) (Digest)
March 6, 2026G.R. No. 1654 : March 21, 1905
THE UNITED STATES, plaintiff-appellee, vs. FELIX MABIRAL, ET AL., defendants-appellants.
FACTS:
The defendants-appellants, Felix Mabiral and Rufina Goco, were convicted in the trial court of the crime of juego prohibido (unlawful gambling). Felix Mabiral was sentenced to two months of imprisonment and a fine of 625 pesetas, while Rufina Goco was sentenced to one month and one day of imprisonment and a fine of 325 pesetas. Prior to trial, the fiscal filed an information alleging that on the morning of March 24, 1903, in Malabon, Rizal, the accused played the prohibited game of chance known as jueteng, with Felix Mabiral acting as the owner and banker of the game and Rufina Goco as a player, in a house publicly dedicated to gambling.
ISSUE:
Whether the information filed against the accused was sufficient in form and substance to sustain a conviction.
RULING:
The Supreme Court affirmed the conviction but modified the penalty. The Court held that the information filed by the fiscal was sufficient in form and substance, as it clearly alleged the essential facts constituting the crime of juego prohibido. The Court found that no substantial right of the accused was prejudiced by the information and that the evidence on record fully sustained their guilt beyond a reasonable doubt. However, the Court modified the sentence by specifying that the imprisonment imposed should be classified as arresto mayor in accordance with Article 343 of the Penal Code. The costs of both instances were imposed against the appellants.
