G.R. No. L-12841, October 25, 1917
THE UNITED STATES, plaintiff-appellee, vs. MACARIO CONCEPCION, ET AL., defendants. MACARIO CONCEPCION and FELIX CRUZ, appellants.

FACTS:
The defendants, including Macario Concepcion and Felix Cruz, were charged with violating Act No. 1757 (the anti-gambling law) for allegedly participating in a game of “nones y pares” (odds and evens) on September 5, 1916, in Pasig, Rizal. The complaint specified Macario Concepcion as the “tirador” (player/shooter) and Felix Cruz as the “casero” (owner/keeper of the place). Gambling paraphernalia, including a billiard table, balls, cues, small balls, and money, were seized by the Constabulary. After a preliminary examination, the case was elevated to the Court of First Instance. During trial, all defendants were initially present, but only Concepcion and Cruz remained as active defendants by the continuation of the trial on November 27, 1916, the others having been dismissed earlier. The trial court found Concepcion and Cruz guilty, sentencing each to one month of imprisonment and ordering the confiscation of the gambling effects. They appealed, contesting the conviction.

ISSUE:
1. Whether Felix Cruz was properly convicted as the “casero” (owner/keeper of the gambling place) as charged.
2. Whether Macario Concepcion was proven to have participated as the “tirador” in the game.
3. Whether the game of “nones y pares,” as played by the defendants, constitutes a prohibited game of chance under Act No. 1757 .

RULING:
The Supreme Court affirmed the trial court’s decision.
1. As to Felix Cruz: The Court held that the complaint filed in the Court of First Instance expressly charged Cruz as the “casero,” and the evidence supported this allegation. His conviction was based on his role as the owner/keeper of the “camarin” where the gambling occurred, which was properly included in the charge.
2. As to Macario Concepcion: The Court found that the evidence proved beyond reasonable doubt that Concepcion actively participated as the “tirador” in the game at the time and place alleged.
3. As to the nature of the game: The Court examined witness descriptions of “nones y pares,” which involved a player striking a billiard ball to knock down small pegs, with bets placed on whether an odd or even number of pegs would fall. Witnesses testified that the outcome depended on luck, not skill, as the player could not consistently control the result. Thus, the game was held to be a game of chance, prohibited under Act No. 1757 .

The Supreme Court concluded that all elements of the offense were established, and no reversible error was committed by the trial court. The sentence was affirmed, with costs against the appellants.

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