Facts:
The MeTC, RTC and the Court of Appeal convicted and/or affirmed the conviction of Robert and Mark Oliver for taking part and being arrested in a “cara y cruz” game, in violation of P.D. 1602. In their petition for review on certiorari before the Court of Appeals, the petitioners harp on the fact that the prosecution witnesses could not categorically describe their participation in the game of cara y cruz. While the police officers testified that they saw the petitioners “in a huddle position”, they failed to show that petitioners actually placed bets thereon.
Issue:
Whether or not the petitioners are guilty of P.D. 1602.
Ruling:
Petitioners acquitted for failure to show that they actually participated in a cara y cruz illegal gambling game.
“The phrase “[d]irectly or indirectly take part” does not have a precise definition in law or in jurisprudence. Nevertheless, the arresting officers must witness the accused directly or directly participating in the game to be found guilty of the illegal gambling. For a successful prosecution of illegal gambling, the arresting officers must not only have seen the suspected bettors place their bets. They must testify with certainty on the details of the entire gambling operation, including but not limited to the alleged game being played, the identification of the person administering the bets as well as the identification of the bettors, and the denomination of money being bet. Any vagueness on the details clouds the offense with reasonable doubt.”