G.R. No. L-6941; March 6, 1913
THE UNITED STATES, plaintiff-appellant, vs. ISIDRO HILARIO, defendant-appellee.

FACTS

Isidro Hilario was charged in the municipal court of Manila with violating Section 621 of the Revised Ordinances of the city. The complaint alleged that he, as owner or person in charge of a billiard hall, voluntarily and illegally permitted the playing of a game called “nones y pares” for money and things of value. Hilario demurred to the complaint. The municipal court sustained the demurrer. The Government appealed to the Court of First Instance, which also sustained the demurrer on the ground that the facts did not constitute a public offense. The Government appealed to the Supreme Court. The lower court, in sustaining the demurrer, took judicial notice and considered admissions that “nones y pares” was a game of skill, concluding that since Act No. 1757 defined gambling as games depending wholly or chiefly upon chance, the ordinance could not prohibit games of skill.

ISSUE

Whether the allegations in the complaint are sufficient to constitute a violation of Section 621 of the Revised Ordinances of Manila.

RULING

No. The Supreme Court affirmed the order sustaining the demurrer and dismissing the case. The Court held that Section 621 et seq. of the Revised Ordinances deal only with gambling devices and games of chance, not with games of skill. The complaint merely alleged that “nones y pares” was played for money but did not allege that it was a gambling game (i.e., a game depending wholly or chiefly upon chance). Without such an allegation, the facts stated do not constitute a public offense under the ordinance. The Court also ruled that the lower court erred in taking judicial notice that “nones y pares” was a game of skill, as that fact was not generally known beyond dispute and could not be considered in ruling on a demurrer, which must be based solely on the allegations of the complaint.