G.R. No. L-6493, March 9, 1911
THE UNITED STATES vs. AGATON NER

FACTS

Agaton Ner and Valeriano Reus were charged with fraud in connection with a cockfight. The evidence established that, without the owner Florentina Ledin’s authority and while she was absent, the accused removed the knife-edged gaff (tari) from her gamecock and improperly reattached it just before the fight. The gaff was placed with its point elevated and blade turned outward, a method known to render it ineffective in inflicting mortal wounds. Florentina’s gamecock, a favorite, struck its opponent first several times but failed to cause serious injury and was eventually killed, causing Florentina and her son to lose their bets totaling P182. After the fight, the improper attachment was discovered. It was also proven that Agaton Ner placed bets against Florentina’s cock at the start of the fight. The trial court convicted Agaton Ner but acquitted Valeriano Reus due to insufficient evidence of his direct participation.

ISSUE

Whether the act of Agaton Nerfraudulently altering the attachment of a gaff on a gamecock to ensure his win in a betconstitutes the crime of estafa (fraud) under the Penal Code.

RULING

Yes. The Supreme Court affirmed the conviction. The act falls under Article 534 in relation to Article 535(8) of the Penal Code, which penalizes those who employ fraud in gaming (juego) to insure winning. Since cockfighting and betting thereon were legal under prescribed conditions in the Philippines at the time, the fraudulent manipulation of the gamecock’s weapon to predetermine the outcome and secure winnings constitutes estafa. The evidence sustained the trial court’s findings of fact, and no prejudicial error was found in the proceedings. Agaton Ner was sentenced to four months and one day of arresto mayor, ordered to indemnify the victims, and to pay costs.