G.R. No. 1645 : April 4, 1904
THE UNITED STATES, complainant-appellee, vs. HUGO REYES, ET AL., defendants-appellants.

FACTS:
The defendants, Hugo Reyes, Gonzales Blas, Fausto Satorre, Teodorico Bautista, Pascual Galan, and Crispulo Mendoza, were charged with playing a prohibited game, specifically the game of monte. Only Hugo Reyes was convicted by the Court of First Instance and sentenced to one month and one day of imprisonment and a fine of 625 pesetas. The other defendants were acquitted. The complaint did not allege, nor did the evidence show, that the house where the game was played was a house used for the purpose of gambling.

ISSUE:
Whether the accused can be convicted under Article 343 of the Penal Code for playing a prohibited game when it is not established that the game was played in a house used for gambling.

RULING:
The Supreme Court reversed the conviction and acquitted Hugo Reyes. The Court, citing the interpretation of the Supreme Court of Spain in its decision of December 28, 1887, held that for a violation of Article 343 of the Penal Code to exist, the playing of a prohibited game must occur in a house used for gambling, whether public or private. If the playing took place by mere accident in such a location, the participants are not guilty of the offense. This Court had previously concurred with this construction. Since the prosecution failed to prove that the house was used for gambling, the essential element of the offense was lacking. The judgment of the Court of First Instance was reversed, and the defendant was acquitted, with costs de oficio.