Criminal Law, 2020 Bar — Question 14

ESSAY

A person arrested for playing cara y cruz was charged with violation of Presidential Decree No. 1602 or the Anti-Gambling Law. The lawyer for the accused argues that the case should be dismissed based on an exempting circumstance, which is that the accused is poor. The lawyer argues that unlike those who gamble in big casinos with astronomical sums of money, cara y cruz is the accused's only means of entertainment. In addition, the lawyer explains that gamblers from China, where gambling is illegal, are even welcomed in the Philippines. Is the lawyer's argument legally tenable? Explain briefly.

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