CD: U.S. v. Filart and Singson

August 31, 2010 at 4:38 pm (1915, Case Digests) (, )

U.S. v. JAIME FILART AND HILARIO SINGSON
G.R. No. L-10263 March 13, 1915
Moreland, J.

Doctrine:
A lottery is defined as a scheme for the distribution of prizes by chance among persons who have paid, or agreed to pay, a valuable consideration for the chance to obtain a prize. Its elements are: (1) a consideration; (2) chance: (3) a prize, or some advantage or inequality in amount or value which is in the nature of prize.

Facts:
Filart and Singson took part in a lottery or raffle of an automobile, which was the property of Filart.

The winner was determined in the following manner: The numbers composing the 450, each written on a separate piece of paper, were placed together in a box and thoroughly mixed. A boy was selected who placed his hand in the box and drew out a number. This he delivered to a person who unfolded the paper and read the number in a loud voice while Filart, with a list of the 450 numbers referred to, struck from the list the number corresponding to that drawn from the box. This was repeated until all of the numbers were drawn from the box and stricken from the list. It was agreed that the last number drawn from the box should be the winning number and that the owner of that number should win the automobile.

Both defendants were charged for violating the following provisions of the law:

Section 7 of Act No. 1757 provides, as follows:
The playing at and the conducting of any game of monte, jueteng, or any form of lottery or policy . . . is hereby prohibited, and any person taking any part therein . . . shall be punished as provided in section 3 hereof. . . . .

This section also provides that:

It shall be no defense to any criminal action under this section that the defendant acted as the agent of another or that he had no interest in the result.

Issue:
Whether or not the defendants conducted lottery

Held:
Yes. The facts of record place this case within the definition generally given of a lottery.

A lottery is said to be “a species of gaming, which may be defined as a scheme for the distribution of prizes by chance among persons who have paid, or agreed to pay, a valuable consideration for the chance to obtain a prize.” It was held in the case of Equitable Loan Co. vs. Waring, 117 Ga., 599, that three elements enter into a lottery scheme: (1) A consideration; (2) chance: (3) a prize, or some advantage or inequality in amount or value which is in the nature of prize.

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