G.R. No. L-5631; April 27, 1954
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELIX GARCIA Y FULGENCIO, defendant-appellant.

FACTS

The defendant, Felix Garcia y Fulgencio, was charged in the Court of First Instance of Manila with having sold tickets for “llave” races of the Philippine Charity Sweepstakes, in violation of Act No. 4130 , as amended by Commonwealth Act No. 301 . Upon arraignment, he entered a plea of guilty. The court rendered a decision finding him guilty as charged and sentenced him to undergo one month of imprisonment with the accessories of the law and to pay the costs. The defendant appealed, contending that the lower court erred (1) in entering a plea of guilty, and (2) in rendering judgment under an information that charges no offense.

ISSUE

Whether the information filed against the appellant, which accused him of selling tickets for “llave” races of the Philippine Charity Sweepstakes, charges an offense punishable under Act No. 4130 , as amended by Commonwealth Act No. 301 .

RULING

The Supreme Court reversed the decision of the lower court and dismissed the information. The Court held that the pertinent provision of Act No. 4130 , as amended, penalizes only: (1) any person who, without being a duly authorized agent of the Philippine Charity Sweepstakes, sells tickets of said corporation; or (2) any authorized agent who sells tickets, fractions, or coupons not issued by the corporation but which represent or tend to represent an interest in tickets issued by the corporation. The appellant was accused of selling tickets for “llave” races, which are different from and not tickets issued by the corporation, nor do they represent an interest in such official tickets. The law does not include or prohibit the sale of “llave” tickets for Sweepstakes races, and no other statute prohibited and punished the act imputed to the appellant. Therefore, the information charged no offense.