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i\.epubltt -of tbe ~bilippinef
&upreme Court
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TIDRD DIVISION
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NOTICE
Sirs/Mesdames:
Please take notice that the Court, Third Division, issued a Resolution
dated January 28, 2015, which reads as follows:

"G.R. No. 213708 (Gerardo G. Basilio vs. People of the

Ph_ilippines). - Considering the allegations, issues, and arguments presented,
the Court resolves to DENY the petition for failure to sufficiently show that
the Court of Appeals (CA) committed any reversible error in its assailed
Decision 1 dated July 28, 2011 and Resolution dated June 9, 2014 in CA-
G.R. CEB-CR No. 00961 as to warrant the exercise of the Court's appellate
jurisdiction.

Petitioner was initially charged in an Information with violation of

Section 2(g)2 in relation to Section 3(c)3 of Republic Act No. (RA) 92874 for
"Collecting/Soliciting Bets." He was likewise alleged in the Information to
be a recidivist for having been previously convicted by final judgment of
violation of Presidential Decree No. (PD) 1602, as amended by RA 9287.
Upon arraignment, petitioner pleaded "guilty" to the violation of Section
'·'
2(e)5 in relation to Section 3(a)6 of RA 9287, or "betting," which is
considered as an offense necessarily included in the offense of
"Collecting/Soliciting Bets" charged in the Information.

1
Penned by Associate Justice Nina G. Antonio-Valenzuela, with the concurrence of Associate
Justices Pampio A. Abarintos and Myra V. Garcia-Fernandez. -
2
Sec. 2. Definition of Terms. - As used in this Act, the following terms shall mean:
g) Collector or Agent ("Cobo", "Cobrador", "·coriador" or variants thereof). - Any
,,II 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.
3
Sec. 3. Punishable Acts. - Any person who participates in any illegal numbers game shall suffer
the following penalties:
c) The penalty of imprisonment from eight (8) years and one (I) day to ten (I 0) years, if
such person acts as a collector or agent;
4
An Act Increasing the Penalties for Illegal Numbers Games, amending certain provisions of
Presidential Decree No. 1602, and for Other Purposes.
5
Sec. 2. Definition of Terms. - As used in this Act, the following terms shall mean:
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.
6
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.
~.

213708 - over- (1).

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Resolution -2- G.R. No. 213708
January 28, 2015

In its Sentence dated March 26, 2008, the Regional Trial Court
(RTC), Branch 65 in San Miguel, Jordan, Guimaras convicted petitioner of
'~ t
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,t . ::."Violating Section 2( e) in relation to Section 3(a) of RA 9287, and sentenced
I. . \ 1 \." j,

. : .~{: h_i~ii}o:suffer the penalty of six (6) years and thirty (30) days imprisonment.
. Whil~.petitioner pleaded guilty to "betting," which carries with it the penalty
. ,. " .. ,. ...... ?f~~irfy (30) da~s to ninety (90) days impr~sonm.ent, Section 7 o~RA 9287
7

~..... · .., ' ·-~ -. .. : ·.:spee¥fi~!illy provides that the penalty next higher m degree as provided under
· ·se-Ctfon 3 shall be imposed upon a recidivist who commits any of the
offenses thereunder. Thus, in imposing the said penalty against petitioner,
the RTC appreciated the aggravating circumstance of recidivism.

Petitioner appealed the adverse decision to the CA.

The CA affirmed in toto the Sentence dated March 26, 2008

promulgated by the RTC. The dispositive portion of the CA's Decision
reads:

WHEREFORE, the appeal is DENIED. The assailed Sentence

dated 26 March 2008 of the Regional Trial Court, Branch 65, San Miguel,
Jordan, Guimaras in Criminal Case No. 06-0985 is AFFIRMED in toto.

SO ORDERED.

Petitioner moved for the reconsideration of the said Decision, which

was denied by the CA in its Resolution dated June 9, 2014.

A plea of guilty admits the truth of all the material facts alleged in the
information, including all the aggravating circumstances mentioned therein. 8
In pleading guilty to the lesser offense of "betting," petitioner likewise
admitted all the attendant circumstances in the Information as charged,
including the charge of recidivism.

Since petitioner was convicted of the offense of participating "in any

illegal numbers game" under Sec. 3(a) of RA 9287 aggravated by the
circumstance of recidivism under Section 7 of the same law, the imposable
penalty should be taken within the range of the penalty next higher in degree
provided for under Section 3(b)9 of RA 9287, which is six (6) years and (1)
day to eight (8) years. However, applying the rules of the Indeterminate
Sentence Law, the penalty imposed should be modified, and the petitioner
should be meted out with an indeterminate penalty of six (6) years and one
( 1) day, as the minimum term, to seven (7) years, as the maximum term, of
imprisonment.

7
Sec. 7. Recidivism. - The penalty next higher in degree as provided for under Section 3 hereof
shall be imposed upon a recidivist who commits any ofthe offenses punishable in this Act.
8
People v. Pohong, No. L-32332, August 15, 1973, 52 SCRA 287.
9
Sec. 3. Punishable Acts. - Any person who participates in any illegal numbers game shall suffer
the following penalties:
xx xx
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. ~"'-

(2)
213708 - over-
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Resolution -3- G.R. No. 213708

January 28, 2015

IN VIEW OF THE FOREGOING, the petition is DENIED. The

Court of Appeals' Decision dated July 28, 2011 and Resolution dated June
9, 2014 in CA-G.R. CEB-CR No. 00961 are hereby AFFIRMED with
MODIFICATION. As modified, the said Decision shall read as follows:

WHEREFORE, the appeal is DENIED. The assailed Sentence

dated 26 March 2008 of the Regional Trial Court, Branch 65, San Miguel,
Jordan, Guimaras in Criminal Case No. 06-0985 is AFFIRMED with
MODIFICATION. Petitioner Gerardo G. Basilio is sentenced to suffer the
penalty of imprisonment for six (6).years and one (1) day, as the minimum
term to seven (7) years, as the maximum term.

SO ORDERED."

Very truly yours,

,QL~
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Divisbn Clerk ofCour:~·

Atty. Sylvia A. Aguipo-Luna COURT OF APPEALS

PUBLIC ATIORNEY'S OFFICE CA G.R. CEB CR No. 00961
Regional Special & Appealed Cases Unit 6000 Cebu City
M. Fernan Memorial Hall of Justice
Capitol Compound, Escario Street PUBLIC INFORMATION OFFICE
6000 Cebu City LIBRARY SERVICES
Supreme Court, Manila
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo Street Judgment Division
" Legaspi Village, 1229 Makati City JUDICIAL RECORDS OFFICE
Supreme Court, Manila
The Presiding Judge
REGIONAL TRIAL COURT
Branch 65, San Miguel, Jordan 5045 Guimaras
(Criminal Case No. 06-0985)

213708 (2)