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EN BANC

G.R. No. L-5631 April 27, 1954

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. FELIX GARCIA Y FULGENCIO, Defendant-Appellant.

Apolinar F. Tolentino for appellant.
Assistant Solicitor General Francisco Carreon and Solicitor Pacifico P. de Castro for appellee.

PARAS, C.J.: chanrobles virtual law library

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.chanroblesvirtualawlibrary chanrobles virtual law library

The second assignment of error, with which the Solicitor-General 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.chanroblesvirtualawlibrary chanrobles virtual law library

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, 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.chanroblesvirtualawlibrary chanrobles virtual law library

The decision appealed from is, therefore, hereby reversed and the information dismissed. So ordered without costs.chanroblesvirtualawlibrary chanrobles virtual law library

Pablo, Bengzon, Montemayor, Reyes, Jugo, Bautista Angelo, Labrador, and Concepcion, JJ., concur.