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    Case No. 57 PP v. Balmores 85 Phil 493 (1950)

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    William Christian Dela Cruz
    Rafael Balmores was accused of altering a losing Philippine Charity Sweepstakes ticket by removing the original number and writing in a prize-winning number, and then attempting to cash the ticket. The court ruled that Balmores was guilty of the crime of estafa. The court noted that Philippine Charity Sweepstakes tickets were only issued as 1/4 units, not the 1/8 unit presented by Balmores. Additionally, while Balmores claimed he should not have been convicted without a lawyer as he was illiterate, the court found he had waived this right. The alteration of the ticket only constituted a crime because Balmores attempted to cash it as a prize-winning ticket.

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    Case No. 57 PP v. Balmores 85 Phil 493 (1950)

    Uploaded by

    William Christian Dela Cruz
    678 views2 pages
    Rafael Balmores was accused of altering a losing Philippine Charity Sweepstakes ticket by removing the original number and writing in a prize-winning number, and then attempting to cash the ticket. The court ruled that Balmores was guilty of the crime of estafa. The court noted that Philippine Charity Sweepstakes tickets were only issued as 1/4 units, not the 1/8 unit presented by Balmores. Additionally, while Balmores claimed he should not have been convicted without a lawyer as he was illiterate, the court found he had waived this right. The alteration of the ticket only constituted a crime because Balmores attempted to cash it as a prize-winning ticket.

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    Case No. 57 Pp v. Balmores 85 Phil 493 (1950)

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    Rafael Balmores was accused of altering a losing Philippine Charity Sweepstakes ticket by removing the original number and writing in a prize-winning number, and then attempting to cash the ticket. The court ruled that Balmores was guilty of the crime of estafa. The court noted that Philippine Charity Sweepstakes tickets were only issued as 1/4 units, not the 1/8 unit presented by Balmores. Additionally, while Balmores claimed he should not have been convicted without a lawyer as he was illiterate, the court found he had waived this right. The alteration of the ticket only constituted a crime because Balmores attempted to cash it as a prize-winning ticket.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    678 views2 pages

    Case No. 57 PP v. Balmores 85 Phil 493 (1950)

    Uploaded by

    William Christian Dela Cruz
    Rafael Balmores was accused of altering a losing Philippine Charity Sweepstakes ticket by removing the original number and writing in a prize-winning number, and then attempting to cash the ticket. The court ruled that Balmores was guilty of the crime of estafa. The court noted that Philippine Charity Sweepstakes tickets were only issued as 1/4 units, not the 1/8 unit presented by Balmores. Additionally, while Balmores claimed he should not have been convicted without a lawyer as he was illiterate, the court found he had waived this right. The alteration of the ticket only constituted a crime because Balmores attempted to cash it as a prize-winning ticket.

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    © All Rights Reserved
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    Criminal Liability Case No.

    57
    Source: Estafa

    Pp v. Balmores

    85 Phil 493 (1950)

    FACTS:

    Rafael Balmores was accused of the crime estafa through falsification of a


    security by then and there tearing off at the bottom in a cross-wise direction a
    portion of a genuine 1/8 unit Philippine Charity Sweepstakes ticket thereby removing
    the true and real unidentified number of same and substituting and writing in ink at
    the bottom on the left side of said ticket the figure or number 074000 thus making
    the said ticket bear the said number 074000, which is a prize-winning number in the
    Philippine Charity Sweepstakes draw last June 29, 1947, and presenting the said
    ticket so falsified on said date, September 22, 1947, in the Philippine Charity
    Sweepstakes Office for the purpose of exchanging the same for the corresponding
    cash that said number has won, fraudulently pretending in said office that the said
    1/8 unit of a Philippine Charity Sweepstakes ticket is genuine and that he is entitled
    to the corresponding amount of P359.55 so won by said ticket in the Philippine
    Charity Sweepstakes draw on said date, June 29, 1947. Bayani Miller, an employee to
    whom the said accused presented said ticket in the Philippine Charity Sweepstakes
    Office discovered that the said ticket as presented by the said accused was falsified
    and immediately thereafter he called for a policeman who apprehended and
    arrested the said accused right then and there.
    Pepitioner contended that the trial court lacked jurisdiction to convict him on a
    plea of guilty because, being illiterate, he was not assisted by counsel.

    ISSUE: Whether or not the accused is guilty of the crime estafa

    RULING: YES

    RATIO DECIDENDI:
    The court has judicial notice that the Philippine Charity Sweepstakes Office
    issued only four 1/4 units for each ticket for the said draw of June 29, 1947. The
    ticket alleged to have been falsified is before us and it appears to be a 1/8 unit. We
    cannot take judicial notice of what is not of common knowledge. If relevant, should
    have been proved. But if it is true that the Philippine Charity Sweepstakes Office did
    not issue 1/8 but only 1/4 units of tickets for the June 29, 1947, draw, that would
    only strengthen the theory of the prosecution that the 1/8 unit of a ticket which
    appellant presented to the Philippine Charity Sweepstakes Office was spurious.

    The fact that appellant was illiterate did not deprive the trial court of jurisdiction
    assisted by counsel. The decision expressly states that appellant waived the right to
    be assisted by counsel, and we know of no law against such waiver.

    The accused is guilty of the crime for the the alteration, or even destruction, of a
    losing sweepstakes ticket could cause no harm to anyone and would not constitute a
    crime were it not for the attempt to cash the ticket so altered as a prize-winning
    number.

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