GR 26391; (July, 1927) (Digest)
G.R. No. 26391 , July 28, 1927
PEOPLE OF THE PHILIPPINE ISLANDS vs. JOAQUIN MIRABIEN
FACTS
Joaquin Mirabien was the proprietor of the “New Bohemian Refreshment,” a bar and restaurant in San Pedro Makati, Rizal. An investigation by the Constabulary revealed that the establishment’s true purpose was to serve as a house of prostitution, with the restaurant operating as a front. Mirabien was charged and convicted under the Vagrancy Law ( Act No. 519 ). He appealed, arguing that the law did not apply to him.
ISSUE
Whether a keeper of a house of prostitution can be validly convicted under the Vagrancy Law ( Act No. 519 ).
RULING
YES. The Supreme Court affirmed the conviction. The Court held that the Vagrancy Law, while not ideally clear, was broad enough to cover the accused’s actions when interpreted in line with its purpose. The law defines a “vagrant” to include “every lewd or dissolute person who lives in and about houses of ill fame.” The Court found that:
1. Mirabien was a “lewd or dissolute person” by virtue of being dedicated to the exploitation of prostitution.
2. He lived in the establishment, as evidenced by his own testimony.
3. The restaurant was a “house of ill fame,” as proven by evidence and found by the trial court.
The lack of a “visible means of support” is not an essential element for this specific class of vagrancy. Therefore, the conviction was upheld.
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