Honorable Judge Virginia Vivencita Lim-Monteclar

(Branch 6 – MTCC Cebu City)

1. People of the Philippines vs. Kevin Shauwnte Anthony Subing-Subing (M- CEB- 17-
03068- CR)
For: Violation of Ordinance No. 2108 (Anti-Dispatching)
 City Ordinance 2108 prohibits the dispatching of passengers for public utility
vehicles. Violators of the ordinance will have to pay a fine of P5,000 or face
one year’s imprisonment.

2. People of the Philippines vs. Warren Halandumon Claro (Criminal Case No. 133559-
R)
For: Illegal Possession of Volatile Substance (P.D. No. 1619)
 Section 2. The use or possession of volatile substances for the purpose of
inhalation to induce or produce intoxication or any of the conditions described
in the preceding section shall be punishable by imprisonment ranging from six
months and one day to four years and a fine ranging from six hundred to four
thousand pesos.

3. People of the Philippines vs. Rogelio Ledon Samonte (M- CEB- 16- 01284- CR)

4. People of the Philippines vs. Rolando Saldua (Criminal Case No. 143877-R)
For: Estafa
 Swindling or estafa is punishable under Article 315 of the RPC. There are
three ways of committing estafa, viz.: (1) with unfaithfulness or abuse of
confidence; (2) by means of false pretenses or fraudulent acts; or (3) through
fraudulent means. The three ways of committing estafa may be reduced to
two, i.e., (1) by means of abuse of confidence; or (2) by means of deceit. (Sy
vs. People of the Philippines, G.R. No. 183879, April 14, 2010)
 The elements of estafa in general are the following: (a) that an accused
defrauded another by abuse of confidence, or by means of deceit; and (b) that
damage and prejudice capable of pecuniary estimation is caused the offended
party or third person. (Sy vs. People of the Philippines, G.R. No. 183879,
April 14, 2010)
 Please check Article 315 of the Revised Penal Code.

5. People of the Philippines vs. Rosalina Rago Macaraya (Criminal Case No. 159410-R)
For: Violation of BP Blg. 22
 To be liable for violation of B.P. 22, the following essential elements must be
present: (1) the making, drawing, and issuance of any check to apply for
 account or for value; (2) the knowledge of the maker, drawer, or issuer that at
the time of issue he does not have sufficient funds in or credit with the drawee
bank for the payment of the check in full upon its presentment; and (3) the
subsequent dishonor of the check by the drawee bank for insufficiency of
funds or creditor dishonor for the same reason had not the drawer, without any
valid cause, ordered the bank to stop payment. (Campos vs. People of the
Philippines, G.R. No. 187401, September 17, 2014)
 BP 22, often referred to as the “Bouncing Checks Law”, governs the criminal
liability arising from the issuance of bounced checks. What the law punishes
is the issuance of a bouncing check and not the purpose for which the check
was issued, nor the terms and conditions of its issuance. To determine the
reasons for which checks are issued, or the terms and conditions for their
issuance, will greatly erode the faith the public reposes in the stability and
commercial value of checks as currency substitutes, and bring about havoc in
trade and in banking communities. (Caras vs. Court of Appeals,
 G.R. No. 129900, October 2, 2001)
 Section 1 of the Bouncing Checks Law penalizes two distinct acts: (1) Making
or drawing and issuing any check to apply on account or for value, knowing at
the time of issue that the drawer does not have sufficient funds in or credit
with the drawee bank. (2) Having sufficient funds in or credit with the drawee
bank shall fail to keep sufficient funds or to maintain a credit to cover the full
amount of the check if presented within a period of 90 days from the date
appearing thereon, for which reason it is dishonored by the drawee bank.
(Bautista vs. Court of Appeals, G.R. No. 143375, July 6, 2001)

6. People of the Philippines vs. Ronald Buscato, Ian Buscato and Hui Lin Chin
(Criminal Case No. 145150-R)
For: Serious Physical Injuries
 Art. 263. Serious physical injuries. — Any person who shall wound, beat, or
assault another, shall be guilty of the crime of serious physical injuries and
shall suffer:
1. The penalty of prision mayor, if in consequence of the physical
injuries inflicted, the injured person shall become insane, imbecile,
impotent, or blind;
2. The penalty of prision correccional in its medium and maximum
periods, if in consequence of the physical injuries inflicted, the person
injured shall have lost the use of speech or the power to hear or to
smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall
have lost the use of any such member, or shall have become
 incapacitated for the work in which he was therefor habitually
engaged;
3. The penalty of prision correccional in its minimum and medium
periods, if in consequence of the physical injuries inflicted, the person
injured shall have become deformed, or shall have lost any other part
of his body, or shall have lost the use thereof, or shall have been ill or
incapacitated for the performance of the work in which he as
habitually engaged for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period, if the physical injuries inflicted
shall have caused the illness or incapacity for labor of the injured
person for more than thirty days.
 If the offense shall have been committed against any of the persons
enumerated in Article 246, or with attendance of any of the circumstances
mentioned in Article 248, the case covered by subdivision number 1 of this
Article shall be punished by reclusion temporal in its medium and maximum
periods; the case covered by subdivision number 2 by prision correccional in
its maximum period to prision mayor in its minimum period; the case covered
by subdivision number 3 by prision correccional in its medium and maximum
periods; and the case covered by subdivision number 4 by prision correccional
in its minimum and medium periods.
 The provisions of the preceding paragraph shall not be applicable to a parent
who shall inflict physical injuries upon his child by excessive chastisement.

7. People of the Philippines vs. Michael Paca Egurrola (M-CEB-17-01832-CR)

For: Violation of PD 1602
 Please check Articles 195-199 of the Revised Penal Code.
 Various games turn from legal to illegal when the wagers no longer transpire
between players and a legally licensed and regulated operator but rather when bets
become a peer-to-peer game where the “house” takes a rake of the profit which
thus makes it illegal. The following games are deemed illegal in the peer to peer
betting environment:
o Cockfighting
o Jueteng
o Jai alai game fixing
o Numbers games
o Bingo
o Other forms of lotteries
o Cara y cruz
o Pompiang
 o 7-11 and any game using dice
o Black jack
o Lucky nine
o Poker and its derivatives
o Monte
o Baccarat
o Cuajao
o Panguingue and other card games
o Paik que
o High and low
o Mahjong
o Domino and other games using plastic tiles and the likes
o Slot machines
o Roulette
o Pinball and other mechanical contraptions and devices
o Dog racing
o Boat racing
o Car racing and other forms of races
o Basketball
o Boxing
o Volleyball
o Bowling
o Pingpong and other forms of individual or team contests to include game
fixing, point shaving and other machinations
o Banking or percentage game, or any other game scheme, whether upon
chance or skill, wherein wagers consisting of money, articles of value or
representative of value are at stake or made
(https://www.legalonlinecasinos.ph/laws/pd-1602/)
 Republic Act No. 9287 (AN ACT INCREASING THE PENALTIES FOR
ILLEGAL NUMBERS GAMES, AMENDING CERTAIN PROVISIONS OF
PRESIDENTIAL DECREE NO. 1602, AND FOR OTHER PURPOSES)
Sec. 2. Definition of Terms. - As used in this Act, the following terms shall mean:
a) Illegal Numbers Game. - Any form illegal gambling activity which uses
numbers or combinations thereof as factors in giving out jackpots.
b) Jueteng. - An illegal numbers game that involves the combination of thirty-
seven (37) numbers against thirty-seven (37) numbers from number one (1) to
thirty seven (37) or the combination of thirty-eight (38) numbers in some areas,
serving as a form of local lottery where bets are placed and accepted per
combination, and its variants.
c) Masiao. - An illegal numbers game where the winning combination is derived
from the results of the last game of Jai Alai or the Special Llave portion or any
result thereof based on any fictitious Jai Alai game consisting of ten (10) players
pitted against one another, and its variants.
d) Last Two. - An illegal numbers game where the winning combination is
derived from the last two (2) numbers of the first prize of the winning
Sweepstakes ticket which comes out during the weekly draw of the Philippine
Charity Sweepstakes Office (PCSO), and its variants.
e) Bettor ("Mananaya", "Tayador" or variants thereof). - Any person who places
bets for himself/herself or in behalf of another person, or any person, other than
the personnel or staff of any illegal numbers game operation.
f) Personnel or Staff of Illegal Numbers Game Operation. - Any person, who acts
in the interest of the maintainer, manager or operator, such as, but not limited to,
an accountant, cashier, checker, guard, runner, table manager, usher, watcher, or
any other personnel performing such similar functions in a building structure,
vessel, vehicle, or any other place where an illegal numbers game is operated or
conducted.
g) Collector or Agent ("Cabo", "Cobrador", "Coriador" or variants thereof). - Any
person who collects, solicits or produces bets in behalf of his/her principal for any
illegal numbers game who is usually in possession of gambling paraphernalia.
h) Coordinator, Controller or Supervisor ("Encargado" or variants thereof). - Any
person who exercises control and supervision over the collector or agent.
i) Maintainer, Manager or Operator. - Any person who maintains, manages or
operates any illegal number game in a specific area from whom the coordinator,
controller or supervisor, and collector or agent take orders.
j) Financiers or Capitalist. - Any person who finances the operations of any illegal
numbers game.
k) Protector or Coddler. - Any person who lends or provides protection, or
receives benefits in any manner in the operation of any illegal numbers game.

Sec. 3. Punishable Acts. - Any person who participates in any illegal numbers
game shall suffer the following penalties:
a) The penalty of imprisonment from thirty (30) days to ninety (90) days, if such
person acts as a bettor;
b) The penalty of imprisonment from six (6) years and one (1) day to eight (8)
years, if such person acts as a personnel or staff of an illegal numbers game
operation;
The same penalty shall likewise be imposed to any person who allows his vehicle,
house, building or land to be used in the operation of the illegal numbers games.
c) The penalty of imprisonment from eight (8) years and one (1) day to ten (10)
years, if such person acts as a collector or agent;
d) The penalty of imprisonment from ten (10) years and one (1) day to twelve
(12) years, if such person acts as a coordinator, controller or supervisor;
e) The penalty of imprisonment from twelve (12) years and one (1) day to ten (10)
fourteen (14) years, if such person acts as a maintainer, manager or operator; and
f) The penalty of imprisonment from fourteen (14) years and one (1) day to
sixteen (16) years, if such person acts as a financier or capitalist;
g) The penalty of imprisonment from sixteen (16) years and one (1) day to twenty
(20) years, if such person acts as protector or coddler.

Sec. 4. Possession of Gambling Paraphernalia or Materials. - The possession of

any gambling paraphernalia and other materials used in the illegal numbers game
operation shall be deemed prima facie evidence of any offense covered by this
Act.