G.R. No. L-12461, October 25, 1917
THE UNITED STATES, plaintiff-appellee, vs. HERMOGENES CASION, ET AL., defendants-appellants.

FACTS:
The defendants were charged with violating the Gambling Law ( Act No. 1757 ) for allegedly playing the prohibited game of “monte” on or about October 15, 1916, in Butuan, Agusan. During the trial, the defendants admitted to playing but claimed the game was “banca-banca,” not “monte.” They argued that “banca-banca” was a game of skill and sleight of hand, not chance. Evidence presented included three playing cards, nipa leaves (called regla), a card case, and two pesos found on a mat where the game was played. The lower court convicted the defendants, sentencing them to imprisonment based on their prior convictions for the same offense. The defendants appealed, assigning errors that primarily questioned whether the game played was one of chance and whether the evidence sufficed for conviction.

ISSUE:
Whether the defendants were engaged in playing a game of chance in violation of Act No. 1757 , regardless of the name given to the game.

RULING:
The Supreme Court affirmed the conviction. It held that the name of the game is immaterial; what matters is whether the game is one of chance. Based on the defendants’ own testimonies describing the method of play, the Court found that “banca-banca” involved betting on money where the outcome depended wholly on chance. The players attempted to track a specific card after the dealer rapidly shuffled three face-down cards, but winning or losing was ultimately uncertain at the time bets were placed. This constituted gambling under Section 1 of Act No. 1757 , which defines gambling as playing any game for money where the result depends wholly or chiefly on chance. The Court concluded that the evidence sufficiently proved the defendants’ guilt beyond reasonable doubt.

This is AI (Gemini and Deepseek) Generated. Please Double Check. Powered by Armztrong.