People v. Reyes
REITERATIONFacts
The Antecedents: The defendants, Hugo Reyes, Gonzales Blas, Fausto Satorre, Teodorico Bautista, Pascual Galan, and Crispulo Mendoza, were charged with playing the prohibited game of monte. Procedural History: The Court of First Instance convicted Hugo Reyes and sentenced him to one month and one day of imprisonment and a fine of 625 pesetas. The other defendants were acquitted. The Petition: The defendants appealed the decision of the Court of First Instance.
Issue(s)
Whether the playing of the game of monte in the house where the defendants were found constitutes the offense defined in Article 343 of the Penal Code. Whether the house in which the defendants were found playing monte was a house used for the purpose of gambling.
Ruling
The judgment of the Court of First Instance is reversed, and the defendant Hugo Reyes is acquitted. Costs are to be borne de oficio.
Ratio Decidendi
On whether the playing of the game of monte in the house where the defendants were found constitutes the offense defined in Article 343 of the Penal Code: The Court held that for the offense defined in Article 343 of the Penal Code to be committed, it is essential that the playing of the prohibited game occurs in a house used for the purpose of gambling. The complaint did not allege, nor did the evidence show, that the house where the defendants were found playing monte was a house used for gambling. On whether the house in which the defendants were found playing monte was a house used for the purpose of gambling: The Supreme Court of Spain, in a decision dated December 28, 1887, construed Article 343 of the Penal Code to mean that the playing must occur in a house used for gambling, whether public or private. If the playing takes place by mere accident in such a place, the persons engaged in playing the prohibited game are not guilty of the offense. This Court has concurred in this construction. Therefore, since the house was not shown to be used for gambling, the elements of the offense under Article 343 were not met.
Main Doctrine
Playing the prohibited game of monte in a house not specifically used for gambling purposes, even if it is a private residence, does not constitute a violation of Article 343 of the Penal Code, as the law requires the playing to occur in a house dedicated to gambling, whether public or private.