6/23/2021 PHILIPPINE REPORTS ANNOTATED VOLUME 94
[No. L-5631. April 27, 1954]
THE PEOPLE OF THE PHILIPPINES, plaintiff and appellee, vs.
FELIX GARCIA Y FULGENCIO, defendant and appellant
CRIMINAL LAW; SALE OF TICKETS FOR "LLAVE" RACES
OF PHILIPPINE CHARITY SWEEPSTAKES NOT PUNISHED
UNDER ACT No. 4130 AS AMENDED BY COMMONWEALTH ACT
No. 301.—The sale of tickets for "llave" races of the Philippine Charity
Sweepstakes, which
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VOL. 94, APRIL 27, 1956 815
People vs. Garcia
are different from, and not, tickets issued by said corporation, is not
punishable under Act No. 4130 as amended by Commonwealth Act No.
301, or under any other statute at present.
APPEAL from a judgment of the Court of First Instance of Manila.
Jose, J.
The facts are stated in the opinion of the Court.
Apolinar F. Tolentino for appellant.
Assistant Solicitor General Francisco Carreon and Solicitor
Pacifico P. de Castro for appellee.
PARÁS, C. J.:
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 4130, as
amended by Commonwealth Act No. 301. Upon arraignment on
March 17, 1952, he entered a plea of guilty; whereupon the court
rendered a decision finding him guilty as charged, and sentencing
him to undergo one month of imprisonment, with the accessories of
the law, and to pay the costs. The defendant has 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.
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6/23/2021 PHILIPPINE REPORTS ANNOTATED VOLUME 94
The second assignment of error, with which the SolicitorGeneral
agrees, being well-taken, there is no need of passing upon the first.
The pertinent provision of Act No. 4130, as amended by
Commonwealth Act No. 301, penalizes with imprisonment for not
less than one month nor more than three years, any person who,
without being a duly authorized agent of the Philippine Charity
Sweepstakes, sells tickets of said corporation or, being such agent,
sells tickets, fractions or coupons thereof not issued by the
corporation, representing or tending to represent an interest in tickets
issued by the corporation.
The appellant is accused of selling tickets for "llave" races of the
Philippine Charity Sweepstakes which are different from and not
tickets issued by said corporation,
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816 PHILIPPINE REPORTS ANNOTATED
Day, et al. vs. Tioseco, et al.
or tickets not issued by it representing or tending to represent an
interest in tickets issued by said corporation. The law relied upon
does not include "llave" tickets for Sweepstakes races. Neither was
there any other statute that prohibited and punished the act imputed
to the appellant.
The decision appealed from is, therefore, hereby reversed and the
information dismissed. So ordered without costs.
Pablo, Bengzon, Montemayor, Reyes, Jugo, Bautista Angelo,
Labrador, and Concepcion, JJ., concur.
Judgment reversed.
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