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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-1958 Jurisprudence                 

  • G.R. Nos. L-9456 & L-9481 January 6, 1958 - THE COLLECTOR OF INTERNAL REVENUE v. DOMINGO DE LARA

    102 Phil 813

  • G.R. No. L-9692 January 6, 1958 - COLLECTOR OF INTERNAL REVENUE v. BATANGAS TRANSPORTATION COMPANY

    102 Phil 822

  • G.R. Nos. L-8845-46 January 7, 1958 - BATANGAS TRANSPORTATION COMPANY v. MARTIN SOUZA

    102 Phil 835

  • G.R. No. L-10202 January 8, 1958 - IN RE: SY CHHUT alias TAN BING TIONG v. REPUBLIC OF THE PHIL.

    102 Phil 839

  • G.R. No. L-10420 January 10, 1958 - IN RE: LIM KIM So alias FRANCISCO LIM KIM SO v. REPUBLIC OF THE PHIL.

    102 Phil 843

  • G.R. Nos. L-10249-60 January 14, 1958 - PEOPLE OF THE PHIL. v. RUFINO CRISOSTOMO

    102 Phil 846

  • G.R. No. L-10285 January 14, 1958 - SAMPAGUITA SHOE v. COMMISSIONER OF CUSTOMS

    102 Phil 850

  • G.R. No. L-10423 January 21, 1958 - AMADO P. JALANDONI v. ANGELA MARTIR-GUANZON

    102 Phil 859

  • G.R. No. L-11000 January 21, 1958 - PEOPLE OF THE PHIL. v. ALICIA RAPIRAP

    102 Phil 863

  • G.R. No. L-11014 January 21, 1958 - VICTORIANA ESPIRITU v. THE MUNICIPAL COUNCIL

    102 Phil 866

  • G.R. No. L-10196 January 22, 1958 - SANTOS LUMBER COMPANY v. CITY OF CEBU

    102 Phil 870

  • G.R. No. L-10776 January 23, 1958 - MELITON HERRERA v. THE AUDITOR GENERAL OF THE REP. OF THE PHIL.

    102 Phil 875

  • G.R. No. L-10922 January 23, 1958 - GREGORIO P. DE GUZMAN v. JOSE B. RAMOSO

    102 Phil 883

  • G.R. No. L-12294 January 23, 1958 - UNITED PEPSI-COLA SALES ORGANIZATION (PAFLU) v. HON. ANTONIO CA‘IZARES

    102 Phil 887

  • G.R. No. L-10234 January 24, 1958 - IN RE: Victoriano Yap Subieng to be admitted a citizen of the Phil.; VICTORIANO YAP SUBIENG v. REP. OF THE PHIL.

    102 Phil 892

  • G.R. No. L-9689 January 27, 1958 - JESUS T. QUIAMBAO v. PEDRO R. PERALTA

    102 Phil 899

  • G.R. No. L-10806 January 27, 1958 - DAVID AZNAR v. ASUNCION SUCILLA

    102 Phil 902

  • G.R. No. L-11093 January 27, 1958 - LEONARDO ENAGE LABAJO v. CIRIACO ENRIQUEZ

    102 Phil 907

  • G.R. No. L-10446 January 28, 1958 - COLLEGE OF ORAL & DENTAL SURGERY v. COURT OF TAX APPEALS

    102 Phil 912

  • G.R. No. L-10874 January 28, 1958 - RUFINO D. ANDRES v. THE CROWN LIFE INSURANCE COMPANY

    102 Phil 919

  • G.R. No. L-10702 January 29, 1958 - PEOPLE OF THE PHIL. v. SIXTO CABARLES

    102 Phil 926

  • G.R. No. L-10091 January 29, 1958 - BOY SCOUTS OF THE PHIL. v. JULIANA V. ARAOS

    102 Phil 1080

  • G.R. No. L-11343 January 29, 1958 - CARLOS LEDESMA v. COURT OF TAX APPEALS

    102 Phil 931

  • G.R. No. L-11248 January 30, 1958 - ANACLETA VILLAROMAN v. QUIRINO STA. MARIA

    102 Phil 937

  • Adm. Case No. 195 January 31, 1958 - IN RE: Attorney JESUS T. QUIAMBAO

    102 Phil 940

  • G.R. No. L-8252 January 31, 1958 - JOSE C. ZULUETA v. NICANOR NICOLAS

    102 Phil 944

  • G.R. No. L-9871 January 31, 1958 - ATKINS v. B. CUA HIAN TEK

    102 Phil 948

  • G.R. No. L-9928 January 31, 1958 - REP. OF THE PHIL. v. THE COURT OF APPEALS

    102 Phil 953

  • G.R. No. L-10022 January 31, 1958 - NORTHERN MOTORS v. NATIONAL LABOR UNION

    102 Phil 958

  • G.R. No. L-10141 January 31, 1958 - REP. OF THE PHIL. v. PHILIPPINE RESOURCES DEVELOPMENT CORPORATION

    102 Phil 960

  • G.R. Nos. L-10236-48 January 31, 1958 - PEOPLE OF THE PHIL. v. EUSTACIO DE LUNA

    102 Phil 968

  • G.R. No. L-10370 January 31, 1958 - THE COLLECTOR OF INTERNAL REVENUE v. MATIAS H. AZNAR

    102 Phil 979

  • G.R. No. L-10547 January 31, 1958 - THE PHIL. GUARANTY CO. v. LAURA DINIO

    102 Phil 991

  • G.R. No. L-10691 January 31, 1958 - ERLINDA STERNBERG v. GONZALO SOLOMON

    102 Phil 995

  • G.R. No. L-10747 January 31, 1958 - MARIANO DIAZ v. PASCUAL MACALINAO

    102 Phil 999

  • G.R. No. L-10902 January 31, 1958 - FLORIDA LAGMAY v. EMERENCIANA QUINIT

    102 Phil 1003

  • G.R. No. L-11024 January 31, 1958 - ALFONSO ANGELES v. THE COURT OF APPEALS, GREOGORIO STA. INES

    102 Phil 1006

  • G.R. No. L-11186 January 31, 1958 - ALFONSO CABABA v. PUBLIC SERVICE COMMISSION

    102 Phil 1013

  • G.R. No. L-11395 January 31, 1958 - SOTERA GARCIA DIMAGIBA v. HON. AMBROSIO M. GERALDEZ

    102 Phil 1016

  • G.R. No. L-11647 January 31, 1958 - FLORENTINO NAVARRO v. HON. ELOY BELLO

    102 Phil 1019

  • G.R. No. L-12724 January 31, 1958 - PEOPLE OF THE PHIL. v. CARIDAD CAPISTRANO

    102 Phil 1025

  •  





     
     

    G.R. Nos. L-10249-60 January 14, 1958 - PEOPLE OF THE PHIL. v. RUFINO CRISOSTOMO<br /><br />102 Phil 846

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. Nos. L-10249-60. January 14, 1958.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellant, v. RUFINO CRISOSTOMO, JUANITA FERNANDEZ, A. O. JEAN OR ALFREDO DE JESUS, NG GUAT, GEORGE PHILIPS, KHO SUI, NENA TAN, IRINEO SIA, TIU TIAN, YAO TION, SEE LAI, TIU TOC, CHUA CHEOK and TAN PO, Defendants-Appellees.

    Solicitor General Ambrosio Padilla and Solicitor Federico V. Sian for Appellant.

    Nemesio G. Quitco for appellees Rufina Crisostomo, Juanita Fernandez and Alfredo de Jesus.

    Dominador L. Reyes for the other appellees.


    SYLLABUS


    GAMBLING LAW; VIOLATION OF LAW CLASSIFIED AS LIGHT OFFENSE; PRESCRIPTION OF OFFENSE. — An offense punishable by arresto menor or fine not exceeding 200 pesos is a light offense under article 9 of the Revised Penal Code, and prescribes in two months under Article 90, par. 6 People v. Yu Hai, 99 Phil., 725, 52 Off. Gaz., No. 5116; People v. Aquino G.R. L-9357-70 Aug. 21, 1956; People v. Canson. 101 Phil., 537, 53 Off. Gaz., No. 19, 6512). Thus, violations of the gambling law, being punishable by arresto menor or a fine not exceeding 200 pesos prescribe in 2 months.


    D E C I S I O N


    REYES, J. B. L., J.:


    On October 26, 1954, Ng Guat, Et. Al. were under nine separate informations of the same tenor, charged by the Provincial Fiscal of Rizal before the Justice of the Peace Court of Caloocan with a violation of Article 195 (a) of the Revised Penal Code for maintaining and operating, on or about July 19, 1954, in their respective places of business, slot machines (jackpots), which are mechanical devices or contrivances whereby the winning or losing one money by the players or bettors wholly or chiefly depends upon chance or hazard.

    Similarly, on November 15, 1954, Rufino Crisostomo, Et. Al. were charged before the Justice of the Peace Court of Navotas with the same offense, under three separate informations.

    Upon motion to quash of counsel of the accused in all the aforementioned criminal cases, the Justice of the Peace Courts of both Caloocan and Navotas ordered the dismissal of the charges on the ground of prescription of the offenses alleged, with the exception of the case against accused George Philips, wherein the Justice of the Peace Court of Caloocan reconsidered the order of dismissal and ordered the reinstatement of the charges against him, because when the offense charged was discovered by the authorities, as well as when the information against him was filed, this particular accused was outside the country.

    From the orders of dismissal of the Courts of Navotas and Caloocan, the Provincial Fiscal appealed to the Court of First Instance of Rizal; the latter, however, affirmed the orders of the inferior courts. Whereupon, the prosecution interposed the present appeals to this Court (G. R. Nos. L-10249 to 10260).

    The sole question raised by these appeals is whether the offenses in question, being punishable by arresto menor or a fine not exceeding 200 pesos, prescribe in 2 months. The trial court so held, in the light of Article 9 taken in connection with the penultimate paragraph of Article 90 of the Revised Penal Code which considers said offenses as light offenses that prescribe in two months; but the State contends that the offenses prescribe in 10 years, since under the provisions of Article 27 in conjunction with the third paragraph of Article 90, also of the Revised Penal Code, a fine of not less than 200 pesos is a correctional penalty that prescribes in ten years.

    The above question has already been decided and settled by this Court in the case of People v. Yu hai 1 G. R. L-9598, promulgated on August 15, 1956 (52 Off. Gaz., No. 11, 5116), followed by the cases of People v. Aquino, 2 G. R. L-9357-70, promulgated August 21, 1956, and People v. Canson 3 L-8848-58, promulgated May 23, 1957 (53 Off. Gaz., No. 19, 6512). In said cases we have ruled, for the reasons stated therein, that an offense punishable by arresto menor or a fine not exceeding 200 pesos is only a light offense under Article 9 of the Revised Penal Code, and prescribes in two months under Article 90, par. 6. The trial court, therefore, did not err in quashing the present informations on the ground that the offenses charged had already prescribed.

    However, considering that the informations here in question also involve twelve violations of the gambling law which have to be dismissed, not because of the innocence of the accused, but simply because of the failure of the prosecution to file the charges on time, we deem it apposite to reiterate our comments in People v. Canson, supra, to wit:jgc:chanrobles.com.ph

    "We see no reason for abandoning the doctrine laid down in said two cases. At the same time, we realize the conflict or discrepancy between Articles 9 and 26 of the Revised Penal Code, as pointed out by the lower court and the prosecution. It would greatly be desirable if the Legislature resolved this conflict by suitable legislation, or amendment of the Revised Penal Code. The Executive Department, through the office of the Secretary of Justice and the Office of the Solicitor General, might make representations with the Legislature as to the necessity or wisdom of making an exception in the case of a violation of the gambling law (Article 195 of the Revised Penal Code), classified as a light offense for the purposes of prescription. It has always been the policy of the Government to curb and minimize, even eliminate, the evils of gambling, specially in the form of slot machines, popularly known as "one-arm bandits", which are often patronized by that element of the community which could least afford to lose money on the same, not realizing the inexorable law of averages, namely, that despite occasional and rare hits of the jackpot, in the long run, they always lose. Or if the Legislature is not favorably inclined towards the amendment suggested, the Department of Justice might brief and circularize prosecuting attorneys to be more alert in the prosecution of violations of the gambling law, so that the corresponding complaints or information could be filed within the present prescriptive period of two months." The orders appealed from are affirmed, without pronouncement as to costs. So ordered.

    Paras, C.J., Bengzon, Padilla, Montemayor, Reyes, A., Bautista Angelo, Labrador, Concepcion, Endencia and Felix, JJ., concur.

    Endnotes:



    1. 99 Phil., 725.

    2. 99 Phil., 1059, (unreported)

    3. 101 Phil., 537.

    G.R. Nos. L-10249-60 January 14, 1958 - PEOPLE OF THE PHIL. v. RUFINO CRISOSTOMO<br /><br />102 Phil 846


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