GR L 13082; (January, 1918) (Digest)
G.R. No. and Date: G.R. No. L-13082; January 22, 1918
Case Title: THE UNITED STATES, plaintiff-appellee, vs. WENCESLAO DUMAUA, ET AL., defendants-appellants.
FACTS:
The defendants were charged with violating the Gambling Law ( Act No. 1757 ). The complaint alleged that on or about September 13, 1916, in Naguilian, Isabela, the accused willfully and unlawfully gambled with money in the house of accused Wenceslao Dumaua, who permitted the game “taiji” (or “teji”), a game of chance, to be played there, with Dumaua acting as banker. Dumaua was further alleged to be a recidivist. After trial, the lower court found all defendants guilty. Wenceslao Dumaua was sentenced to pay a fine of P75, and each of the other defendants a fine of P35, with subsidiary imprisonment in case of insolvency, and each to pay a proportionate share of the costs. The defendants appealed.
ISSUE:
1. Whether the evidence proved that the defendants were playing the game “teji” at the time and place alleged.
2. Whether the game “teji” is a game of chance, thus falling under the prohibition of the Gambling Law.
RULING:
The Supreme Court affirmed the lower court’s judgment.
1. On the first issue, the Court held that the evidence proved beyond a reasonable doubt that all defendants were playing the game “teji” at the time, place, and in the manner described in the complaint.
2. On the second issue, the Court examined the description of how “teji” is played: a banker uses a spinning top-like apparatus with Chinese characters; bettors place bets on characters drawn on a cardboard; the winning character is determined purely by where the top points after it stops spinning, with a payout of five times the bet for a winning wager. The Court concluded that the game involved no element of skill by which a player could influence or determine the outcome. The result depended purely on luck or chance. Therefore, “teji” is a game of chance and its playing constitutes a violation of the Gambling Law. The penalties imposed by the lower court were affirmed.
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