- Information
- AI Chat
Illegal Gambling Report 01
Juris Doctor
University of Cagayan Valley
Recommended for you
Preview text
What is Gambling?
Gambling is any game or scheme, whether upon chance or skill, wherein wagers are made consisting of money, articles or value or representative of value being put at stake.
It is the act of wagering or betting money or something of value on an event with an uncertain outcome with the intent to win more money or things of value than was wagered.
It is simply risking something of value, including money, for the chance of winning more than you risked.
Gambling in the Philippines is not illegal when it is licensed and regulated for the purpose of revenue generation for governmental national development programs such as casinos regulated by Philippine Amusement And Gaming Corporation (PAGCOR) or those engaging in welfare-related health investments such as lottery games organized and regulated by Philippine Charity Sweepstakes Office (PCSO) or Cockfighting for Entertainment of Tourists or for Charitable Purposes.
What is illegal gambling?
Illegal gambling is committed by any person who, in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of –
(1) cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; (2) cara y cruz, pompiang and the like; (3) 7-11 and any game using dice; (4) Black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pangguingue and other card games; (5) paik que, high and low, mahjong, domino and other games using plastic tiles and the likes; (6) slot machines, roulette, pinball and other mechanical contraptions and devices; (7) dog racing, boat racing, car racing and other forms of races; (8) basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fixing, point shaving and other machinations; (9) banking or percentage game, or (10) any other game scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made.
P. No. 449 (Cockfighting Law of 1974) vs P. 1602 vs R. 9287
PD 449 or the Cockfighting Law of 1974 specifically governs the establishment, operation, maintenance and ownership of cockpits; PD 1602 prescribes stiffer penalties on all types of illegal gambling enumerated by law to make them more effective in combating the social menace which dissipate the energy and resources of the Filipino people; R. 9287 increased the penalties for illegal numbers games and amends certain provisions of PD 1602 as a more stringent measure to stop and eradicate the existence of illegal numbers games in any part of the country.
As to PUNISHABLE ACTS:
PD 449 or Cockfighting Law of 1974 – (1) direct or indirect participation in cockfights, by betting money or other valuable things, or organizing cockfights at which bets are made, on a day other than those permitted by law or (2) at a place other than a licensed cockpit.
(d) Holding of Cockfights. Except as provided in this Decree, cockfighting shall be allowed only in licensed cockpits: during Sundays and legal holidays and during local fiestas for not more than three days.
during provincial, city or municipal, agricultural, commercial or industrial fair , carnival or exposition for a similar period of three days (upon resolution of the province, city or municipality where such fair, carnival or exposition is to be held, subject to the approval of the Chief of Constabulary or his authorized representative: Provided, that, no cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the month of a local fiesta or for more than two occasions a year in the same city or municipality) NO COCKFIGHTING shall be held on December 30 (Rizal Day), June 12 (Philippine Independence Day) November 30 (National Heroes Day) , Holy Thursday , Good Friday , Election or Referendum Day and during Registration Days for such election or referendum.
PD 1602 – direct or indirect participation in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any game using dice; Black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pangguingue and other card games; paik que, high and low, mahjong, domino and other games using plastic tiles and the likes; slot machines, roulette, pinball and other mechanical contraptions and devices; dog racing, boat racing, car racing and other forms of races; basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fixing, point shaving and other machinations; banking or percentage game, or any other game scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made.
R. 9287 - participation in any illegal numbers game such as jueteng, masiao, and last two as a bettor; personnel or staff of an illegal numbers game operation; collector or agent; coordinator, controller, or supervisor; maintainer, manager, or operator; financier or capitalist; or protector or coddler.
As to Penalties and Fines:
PD 449 or Cockfighting Law of 1974
Prision Correccional in its maximum period (4yrs, 2 months and 1 day to 6 years) and a fine of two thousand pesos (P2,000) , with subsidiary imprisonment in case of insolvency, when the offender is the financer, owner, manger or operator of cockpit, or the gaffer, referee or bet taker in cockfights; or the offender is guilty of allowing, promoting or participating in any other kind of gambling in the premises of cockfights during cockfights.
Prision Correccional or a fine of not less than six hundred pesos (P600) nor more than two thousand pesos (P2,000) or both , such imprisonment and fine at the discretion of the court , with subsidiary imprisonment in case of insolvency, in case of any other offender.
PD 1602
Prision Correccional in its medium period (2yrs, 4months and 1 day to 4years and 2months) or a fine ranging from one thousand (P1,000) to six thousand (P6,000) pesos , and in case of recidivism, the penalty of
Prision Mayor in its medium period (8yrs and 1 day to 10yrs) or a fine ranging from five thousand (P5,000) to ten thousand (P10,000) pesos shall be imposed upon: Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal gambling activities enumerated in PD 1602; or for any person who shall knowingly permit any form of gambling referred to in the preceding subparagraph to be carried on in inhabited or uninhabited place or in any building, vessel or other means of transportation owned or controlled by him.
The penalty of imprisonment from sixteen (16) years and one (1) day to twenty (20) years, if such person acts as protector or coddler. (RECLUSION TEMPORAL-MAXIMUM)
As to Liability of Government Employees and/or Public Officials
In PD 1602, the penalty of Prision Mayor in its medium period (8yrs and 1 day to 10yrs) with temporary absolute disqualification or a fine of six thousand (P6,000) pesos shall be imposed if the maintainer, conductor or banker of said gambling schemes is a government official , or where such government official is the player, promoter, referee, umpire, judge or coach in case of game fixing, point shaving and machination; while in R. 9287 a) If the collector, agent, coordinator, controller, supervisor, maintainer, manager, operator, financier or capitalist of any illegal numbers game is a government employee and/or public official, whether elected or appointed shall suffer the penalty of RECLUSION TEMPORAL [twelve (12) years and one (1) day to twenty (20) years] and a fine ranging from Three million pesos (P3,000,000) to Five million pesos (P5,000,000) and perpetual absolute disqualification from public office.
In PD 1602, Temporary Absolute Disqualifications shall be imposed upon any barangay official who, with knowledge of the existence of a gambling house or place in his jurisdiction fails to abate the same or take action in connection therewith; while in R. 9287 the accessory penalty of perpetual disqualification from public office shall be imposed upon any local government official who, having knowledge of the existence of the operation of any illegal numbers game in his/her jurisdiction, fails to abate or to take action, or tolerates the same in connection therewith. Moreover, under RA 9287 , in the case of failure to apprehend perpetrators of any illegal numbers game, any law enforcer shall suffer an administrative penalty of suspension or dismissal, as the case may be, to be imposed by the appropriate authority.
Furthermore, Sec. 6. Of RA 9287 provides for Liability of Parents/Guardians. - The penalty of imprisonment from six (6) months and one (1) day to one (1) year or fine ranging from One hundred thousand pesos (P100,000) to Four hundred thousand pesos (P400,000) shall be imposed upon any parent, guardian or person exercising moral authority or ascendancy over a minor, ward or incapacitated person, and not otherwise falling under any of the foregoing subsections, who induces or causes such minor, ward or incapacitated person to commit any of the offenses punishable in this Act. Upon conviction, the parent, guardian or person exercising moral authority or ascendancy over the minor, ward or incapacitated person shall be deprived of his/her authority over such person in addition to the penalty imposed; and provides for
Sec. 8. Immunity from Prosecution. - Any person who serves as a witness for the government or provides evidence in a criminal case involving any violation of this Act, or who voluntarily or by virtue of a subpoena testificandum or duces tecum, produces, identifies, or gives testimony shall be immune from any criminal prosecution, subject to the compliance with the provisions of Presidential Decree No. 1732, otherwise known as Decree Providing Immunity from Criminal Prosecution to Government Witnesses and the pertinent provisions of the Rules of Court.
Sec. 9. Prosecution, Judgment and Forfeiture of Property****. - Any person may be charged with or convicted of the offenses covered by this Act without prejudice to the prosecution of any act or acts penalized under the Revised Penal Code or existing laws.
During the pendency of the case, no property or income used or derived therefrom which may be confiscated and forfeited shall be disposed, alienated or transferred and the same shall be in custodia legis and NO BOND shall be admitted for the release of the same.
The trial prosecutors shall avail of provisional remedies provided for under the Revised Rules on Criminal Procedure.
Upon conviction , all proceeds, gambling paraphernalia and other instruments of the crime including any real or personal property used in any illegal numbers game operation shall be confiscated and forfeited in favor of the State. All assets and properties of the accused either owned or held by him/her in his/her name or in the name of another person found to be manifestly out of proportion to his/her lawful income shall be prima facie presumed to be proceeds of the offense and shall likewise be confiscated and forfeited in favor of the State.
Sec. 10. Witness Protection****. - Any person who provides material information, whether testimonial or documentary, necessary for the investigation or prosecution of individuals committing any of the offenses under Sections 3, 4, 5 and 6 herein shall be placed under the Witness Protection Program pursuant to Republic Act. No. 6981.
Sec. 11. Informer's Reward****. - Any person who, having knowledge or information of any offense committed under this Act and who shall disclose the same which may lead to the arrest and final conviction of the offender, may be rewarded a certain percentage of the cash money or articles of value confiscated or forfeited in favor of the government, which shall be determined through a policy guideline promulgated by the Department of Justice (DOJ) in coordination with the Department of Interior and Local Government (DILG) and the National Police Commission (NAPOLCOM).
The DILG, the NAPOLCOM and the DOJ shall provide for a system of rewards and incentives for law enforcement officers and for local government official for the effective implementation of this Act.
Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this Act , the DILG, DOJ, NAPOLCOM, and other concerned government agencies shall jointly promulgate the implementing rules and regulations, as may be necessary to ensure the efficient and effective implementation of the provisions of this Act.
Illegal Gambling Report 01
Course: Juris Doctor
University: University of Cagayan Valley
- More from:Juris DoctorUniversity of Cagayan Valley999+ Documents
