[ G.R. No. 7260. August 21, 1912 ] 23 Phil. 39
[ G.R. No. 7260. August 21, 1912 ]
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. EMILIO SANTOS REYES ET AL., DEFENDANTS. EMILIO SANTOS REYES, APPELLANT. D E C I S I O N
JOHNSON, J.:
These defendants were charged with a violation of an Act, No. 1523, to prohibit the importation, sale, giving away, use and possession of lottery tickets and lottery advertising matter, alleged to have been committed as follows:
“That on or about June 13, 1911, in the city of Manila, Philippine Islands, the said Emilio Santos Reyes, Dominga Trinidad and Teodoro Fidel did willfully, unlawfully and criminally have in their possession, with the intention of selling, giving away or using, 79 lottery tickets of the Royal Lottery of Colombo, the drawing in which should take place on July 25,1911; in violation of law.”
After hearing the evidence, the Honorable A. S. Crossfield, judge, found each of the defendants guilty of the crime charged and sentenced the defendant, Emilio S. Reyes, to pay a fine of P500 and the costs of the action, with subsidiary imprisonment in case of insolvency, and the defendants, Dominga Trinidad and Teodoro Fidel, each to be imprisoned for a period of fifteen days and each to pay one-third part of the costs. From that sentence the defendant, Emilio Santos Reyes, only appealed to this court, and made the following assignment of error:
“That the defendant-appellant had been convicted and sentenced for violation of Act No. 1523.”
From an examination of the evidence certain facts are not only proved but admitted. They are: First. That the defendant, Emilio S. Reyes, was by occupation a printer. Second. That during the months of March, April, May, and June, 1911, he printed a large number of lottery tickets, alleged to be lottery tickets of the Royal Lottery of Colombo. Third. That a number of said lottery tickets were found in his private residence and others in his place of business. Fourth. That he delivered some of said tickets to the defendant, Dominga Trinidad, on or about the 12th of June, 1911, and received therefor a certain sum of money. Fifth. That the tickets which the defendant Reyes had delivered to the defendant Dominga Trinidad were later found in the possession of the said Dominga Trinidad and the other codefendant, Teodoro Fidel. The attorney for the appellant maintains in his brief that said Act No. 1523 did not provide a punishment for the possession of lottery tickets of the Philippine Islands or of lottery tickets made “in the Philippine Islands. He further argues that the tickets were printed by the defendant Reyes for one Miguel Soler and that he had nothing to do with said lottery tickets, except to print them under his contract with Soler. Soler was not called as a witness during the trial of the cause. The defendant Reyes admitted that he had printed the tickets; that he was in possession of the same; that a part of them were found hidden in his house and that he had given to his codefendant, Dominga Trinidad, a number of said tickets for a certain sum of money. Section 3 of Act No. 1523 provides:
“It shall be unlawful for any person to sell, give away, use, or have possession of, with intent to sell, give away, or use, any lottery ticket or advertisement of any lottery, and possession of any such article shall be deemed presumptive evidence of intent to sell, give away, or use the same in the Philippine Islands, and said possession, unless satisfactorily explained, shall be deemed sufficient evidence to warrant conviction.”
In view of the fact that the defendant, Emilio Santos Reyes, gave to his codefendant, Dominga Trinidad, certain of said lottery tickets, and in view of the fact that he had hidden away in his private residence certain of said lottery tickets, we are of the opinion that his possession of the same has not been satisfactorily explained, and that his possession of said lottery tickets is in violation of said section 3. Therefore the sentence of th£ lower court is hereby affirmed, with costs. Arellano, C. J., Mapa and Carson, JJ., concur.