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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-24109. August 10, 1967.]

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROGELIA DE OCAMPO Y PADILLA, Defendant-Appellant.

Geronimo Ma. Cole, Jr., for Defendant-Appellant.

The Solicitor General for Plaintiff-Appellee.


SYLLABUS


1. ILLEGAL POSSESSION OF COINS; PENALTY. — Where appellant was not engaged in business, as an incident of which she possessed silver and/or nickel coins, but rather was engaged in buying and selling of coins for a percentage, and that the P1,120.00 in coins she had when she was apprehended were intended by her to be sold to someone in Lucena, her possession of said coins was in violation of Republic Act 427, and was punishable with a fine of five thousand pesos and imprisonment of one year, and the confiscation of the amount held in excess of fifty pesos.


D E C I S I O N


BENGZON, J.P., J.:


Republic Act No. 427, effective May 22, 1950, penalizes — with some exceptions — the possession of silver and/or nickel coins in an aggregate amount exceeding fifty pesos. This is a prosecution for violation of this special law.

On September 15, 1964, at eight in the evening, Rogelia de Ocampo, alias Rita Aguirre, was aboard the boat M/B Mariquita, at Balamacan pier, Mogpog, Marinduque, about to leave for Lucena, Quezon. She had in her possession a buri bag and a rattan basket. A Philippine Constabulary patrol, then on the lookout for smuggling, asked to search her aforesaid belongings, which she allowed. Inside them, they found three bags of coins.

Rogelia de Ocampo was taken to the PC headquarters. An inventory of the coins was taken; the total amount was P1,120 00 consisting of 50
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