GR L 1105; (November, 1902) (Digest)
March 7, 2026GR L 552; (November, 1902) (Digest)
March 7, 2026G.R. No. L-493, November 25, 1902
THE UNITED STATES, complainant-appellee, vs. ANTONIO ACUĂ‘A, ET AL., defendants-appellants.
FACTS:
Upon a complaint from the provincial fiscal, the judge of the Court of First Instance of Iloilo, accompanied by court officers, visited a house on the evening of April 30, 1901. They found several persons, including the six appellants, engaged in playing the game “monte,” with Jacinto Ramos acting as banker. Gambling apparatus and 89 pesos were seized. Antonio Acuña was the lessee of the premises. The prosecution presented evidence, including testimony from witnesses who had seen gambling in the house on other occasions and from a person employed by Acuña to bring players to the house for a percentage of the profits. The defendants were convicted under Article 343 of the Penal Code for being proprietors of and players in a gaming house.
ISSUE:
Whether the house in question was a “gaming house” (casa de juego de suerte, envite o azar) as defined by law, meaning a house specially devoted to the encouragement or promotion of gaming.
RULING:
Yes, the house was a gaming house. The Supreme Court affirmed the conviction. The positive evidence, including the testimony of witnesses who had seen gambling there on occasions other than the raid and the testimony of an employee hired to solicit players, sufficiently established that unlawful gaming was carried on as a business. The nature of the items seized during the raid also supported this conclusion. The Court rejected the defense that one appellant was merely a spectator, relying on the official act drawn up at the scene which stated he was a player. The Court also held that the length of time the unlawful business had operated was immaterial once it was shown to have been established on the premises. The judgment of the lower court was affirmed, with costs against the appellants.
