CHAPTER ONE

GAMBLING AND BETTING

ARTICLES 195-199
-anygame or scheme, whether
upon chance or skill, wherein
wagers consisting of money,
articles or value or
representative of value are at
stake or made.
THE APPLICABLE LAWS ARE:
(1) Presidential Decree No.1602 :
(Prescribing Stiffer Penalties on
Illegal Gambling) and

(2) R.A. No. 9287 ( An Act Increasing

the Penalties for Illegal Numbers
Games, Amending Certain
provisions of P.D. 1602 and for
Other Purposes).
1. Gambling games refer to any game or scheme
whether upon chance or skill, wherein wagers
consisting of money, articles or vale or
representatives of value, are made.
2. It is the fact that bets are made which makes
the game a gambling game. The game may be
decided purely on chance, purely on skill, or both.
It becomes illegal and therefore prohibited if it is
not authorized by a franchise.
3. However parlor games are exempted such as
those during wakes , unless it clearly appears that
the wake is unnecessarily prolonged as to be a
cover excuse to conduct illegal gambling.
 PENALTIES AND PERSONS LIABLE

(a) The penalty of prision correcional in its

medium period or a fine ranging from P1,000
to P6,000, and in case of recidivism, the
penalty of prision mayor in its medium period
or a fine ranging from P5,000 to P10,000 shall
be imposed upon:

(1) 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, cuajo, pangguigue
and other card games;
5) paik que, high and low, mahjong, domino and
other games using plastic tiles and the like;

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 any other

game, or scheme, whether upon chance or skill,
wherein wagers consisting of money, articles of
value or representative of value are at stake or
made;
 (2) Any person who shall knowingly permit any
form of gambling referred to in the preceding
subparagraph to be carried on in an inhabited or
uninhabited place or in any building, vessel or other
means of transportation owned or controlled by him.

(b) The penalty of prision correcional in its maximum

period or a fine of P6,000 shall be imposed upon:

(1) Any person who shall knowingly permit any

form of gambling to be carried on a place which has a
reputation of a gambling place or that prohibiting
gambling is frequently carried on therein, or a public or
government building or government hall.

(2) The maintainer or conductor of the above

gambling schemes.
c) The penalty of prision mayor in its medium period
with temporary absolute disqualification or a fine of
six thousand 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.

d) The penalty of prision correccional in its medium

period or a fine ranging from four hundred to two
thousand pesos shall be imposed upon any person
who shall, knowingly and without lawful purpose in
any hour of any day, possess any lottery list, paper or
other matter containing letters, figures, signs or
symbols pertaining to or in any manner used in the
games of jueteng, jai-alai or horse racing bookies,
and similar games of lotteries and numbers which
have taken place or about to take place.
e) The penalty of 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.

f) The penalty of prision correccional in its

maximum period or a fine ranging from five
hundred pesos to two thousand pesos shall be
imposed upon any security officer, security
guard, watchman, private or house detective
of hotels, villages, buildings, enclosures and
the like which have the reputation of a
gambling place or where gambling activities
are being held.
Definition of Terms. - As used in this Act, the following terms shall mean:

a) Illegal Numbers Game. - Any form illegal gambling activity which uses
numbers or combinations thereof as factors in giving out jackpots.

b) Jueteng. - An illegal numbers game that involves the combination of

thirty-seven (37) numbers against thirty-seven (37) numbers from number
one (1) to thirty seven (37) or the combination of thirty-eight (38) numbers
in some areas, serving as a form of local lottery where bets are placed and
accepted per combination, and its variants.

c) Masiao. - An illegal numbers game where the winning combination is

derived from the results of the last game of Jai Alai or the Special Llave
portion or any result thereof based on any fictitious Jai Alai game consisting
of ten (10) players pitted against one another, and its variants.
d) Last Two. - An illegal numbers game where the winning
combination is derived from the last two (2) numbers of the
first prize of the winning Sweepstakes ticket which comes
out during the weekly draw of the Philippine Charity
Sweepstakes Office (PCSO), and its variants.

e) Bettor ("Mananaya", "Tayador" or variants thereof). -

Any person who places bets for himself/herself or in behalf
of another person, or any person, other than the personnel
or staff of any illegal numbers game operation.

f) Personnel or Staff of Illegal Numbers Game Operation. -

Any person, who acts in the interest of the maintainer,
manager or operator, such as, but not limited to, an
accountant, cashier, checker, guard, runner, table manager,
usher, watcher, or any other personnel performing such
similar functions in a building structure, vessel, vehicle, or
any other place where an illegal numbers game is operated
or conducted.
g) Collector or Agent ("Cabo", "Cobrador", "Coriador" or variants
thereof). - Any person who collects, solicits or produces bets in behalf of
his/her principal for any illegal numbers game who is usually in possession
of gambling paraphernalia.

h) Coordinator, Controller or Supervisor ("Encargado" or variants

thereof). - Any person who exercises control and supervision over the
collector or agent.

i) Maintainer, Manager or Operator. - Any person who maintains,

manages or operates any illegal number game in a specific area from
whom the coordinator, controller or supervisor, and collector or agent
take orders.

j) Financiers or Capitalist. - Any person who finances the operations of

any illegal numbers game.

k) Protector or Coddler. - Any person who lends or provides protection,

or receives benefits in any manner in the operation of any illegal numbers
game.
 -any form of illegal gambling
activity which uses numbers or
combinations thereof as factors in
giving out
jackpots/prizes/returns. It
includes games such as jueteng,
masiao and last two.
a) Imprisonment from 30 to 90 days--- if
person acts as bettor

b) Imprisonment from 6 years and 1 day to 8

years--- if person (i) acts as personnel or
staff of an illegal number game operation,
or (ii) allows his vehicle, house, building or
land to be used in such operation;

c) Imprisonment from 8 years and 1 day to

10 years--- if person acts as collector or
agent;
d) Imprisonment from 10 years and 1day to 12
years-- if person acts as coordinator,
controller or supervisor;

e) Imprisonment from 12 years and 1 day to 14

years--- if person acts as maintainer, manager
or operator;

f) Imprisonment from 14 years and 1 day to 16

years--- if person acts as financier or
capitalist;

g) Imprisonment from 16 years and 1 day to 18

years--- if person acts as financier or coddler
 Possession of Gambling Paraphernalia or Materials. --- The
possession of any gambling paraphernalia and other materials used in
the illegal numbers game operation shall be deemed prima facie
evidence of any offense covered by this Act.

Liability of Government Employees and/or Public Officials. --- 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 twelve (12) years and one (1) day
to twenty (20) years and a fine ranging from Three million pesos
(P3,000,000.00) to Five million pesos (P5,000,000.00) and perpetual
absolute disqualification from public office.

In addition to the penalty provided in the immediately preceding section,

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.

b) In the case of failure to apprehend perpetrators of any illegal numbers

game, any law enforcer shall suffer an administrative penalty of susion or
dismissal, as the case may be, to be imposed by the appropriate
authority.
WHAT IS EXEMPTED FROM THE COVERAGE OF PD
1602?

The games of domino, bingo, poker when not

played with five cards stud, cuajo, pangguingue
and mahjong, provided that they are played as
parlor games or for home entertainment; and
provided further, that they are not played in places
habitually used for gambling and the betting is not
disguised to defeat the intent of P.D. No. 1602.
ACTS PUNISHABLE:

Any person other than those referred to in subsections (b) and (c) who,

a) in any manner shall directly, or indirectly take part in any game of monte,
jueteng or any other form of lottery, policy, banking, or percentage game, dog
races, or any other game of scheme the result of which depends wholly or chiefly
upon chance or hazard; or wherein wagers consisting of money, articles of value or
representative of value are made;

b) or in the exploitation or use of any other mechanical invention or contrivance to

determine by chance the loser or winner of money or any object or representative
of
Any person who shall knowingly permit any form of gambling referred to in the
preceding subdivision to be carried on in any unhabited or uninhabited place of
any building, vessel or other means of transportation owned or controlled by
him.

If the place where gambling is carried on has the reputation of a gambling place or
that prohibited gambling is frequently carried on therein, the culprit shall be
punished by the penalty provided for in this article in its maximum period.
 The
maintainer, conductor, or banker in a
game of jueteng or any similar game.

Those who knowingly and without lawful

purpose, have in his possession and lottery
list, paper or other matter containing letters,
figures, signs or symbols which pertain to or
are in any manner used in the game of
jueteng or any similar game which has taken
place or about to take place.
The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period or a fine ranging from 200 to 2,000
pesos, or both, in the discretion of the court, shall be imposed upon
any person who shall import into the Philippine Islands from any foreign
place or port any lottery ticket or advertisement or, in connivance with
the importer, shall sell or distribute the same.

Any person who shall knowingly and with intent to use them, have in
his possession lottery tickets or advertisements, or shall sell or
distribute the same without connivance with the importer of the same,
shall be punished by arresto menor, or a fine not exceeding 200 pesos,
or both, in the discretion of the court.

The possession of any lottery ticket or advertisement shall be prima

facie evidence of an intent to sell, distribute or use the same in the
Philippine Islands.
ACTS PUNISHED RELATIVE TO LOTTERY TICKETS OR
ADVERTISEMENTS:

1. By importing into the Philippines from any

foreign place or port any lottery ticket or
advertisement.

2. By selling or distributing the name in

connivance with the importer.

3. By possessing, knowingly and with intent to

use, lottery tickets or advertisements.

4. By selling or distributing the same without

connivance with the importer
-- it is a scheme for the distribution of prizes
by chance among persons who have paid, or
agreed to pay, a valuable consideration for the
chance to obtain a prize.

ELEMENTS:
a) consideration;
b) chance; and
c) prize, or advantage or inequality in amount
or value which is in the nature of the prize
 Lottery embraces all schemes for distribution of prizes by
chance.

If the scheme is such that human reason, foresight, sagacity, or

design cannot enable one to know or determine the result until
the same has been accomplished, then it is lottery.

Knowingly permitting gambling to be carried on in a place owned

or controlled by the offender.

ELEMENTS:
a) That a gambling game was carried on in an inhabited or
uninhabited place or in any building, vessel or other means of
transportation.
b) That the place, building, vessel or other means of
transportation is owned or controlled by the offender.
c) That the offender permitted the carrying on of such game,
knowing that it is a gambling game.
Presumption of intent to sell, distribute, or use lottery
ticket or advertisement.

The possession of any lottery ticket or advertisement is

prima facie evidence of an intent to sell, distribute or use
the same.
But if the defendant can establish that he did not know of
the existence of the lottery ticket within his premises, the
presumption is destroyed and the defendant must be
acquitted.

Must the lottery ticket be genuine?

--- It is not necessary that the lottery tickets be genuine, as
it is enough that they be given the appearance of lottery
tickets.

--- If the lottery tickets are counterfeit, they cannot give

rise to the evil sought to be eradicated.
 PENALIZING BETTING, GAME FIXING OR POINT-SHAVING AND MACHINATIONS IN SPORT
CONTESTS
Presidential Decree No. 483

Definitions. For purposes of this Decree, the following terms shall mean and be understood to
be as hereunder indicated:

a. Betting--- Betting money or any object or article of value or representative of

value upon the result of any game, races and other sports contest.

b. Game-fixing ---any arrangement, combination, scheme or agreement by which

the result of any game, races or sports contests shall be predicted and/or known other than on
the basis of the honest playing skill or ability of the players or participants.

c. Point-shaving ---any such arrangement, combination, scheme or agreement by

which the skill or ability of any player or participant in a game, races or sports contests to make
points or scores shall be limited deliberately in order to influence the result thereof in favor of
one or other team, player or participant therein.

d. Game-machinations--- any other fraudulent, deceitful, unfair or dishonest

means, method, manner or practice employed for the purpose of influencing the result of any
game, races or sport contest.
Betting, game-fixing, point-shaving or game
machination unlawful.

Game-fixing, point-shaving, machination, as

defined in the preceding section, in connection
with the games of basketball, volleyball, softball,
baseball; chess, boxing bouts, "jai-alai", "sipa",
"pelota" and all other sports contests, games or
races; as well as betting therein except as may be
authorized by law, is hereby declared unlawful.
Penalty. Any violation of this Decree, or of the rules and regulations
promulgated in accordance herewith, shall be punished in the manner
following:

a. When the offender is an official, such as promoter, referee,

umpire, judge, or coach in the game, race or sports contests, or the
manager or sponsor of any participating team, individual or player
therein, or participants or players in such games, races or other sports
contests, he shall, upon conviction, be punished by prision correccional in
its maximum period and a fine of 2,000 pesos with subsidiary
imprisonment in case of insolvency, at the discretion of the court. This
penalty shall also be imposed when the offenders compose a syndicate of
five or more persons.

b. In case of any offender, he shall, upon conviction, be punished

by prision correccional in its medium period and a fine of 1,000 pesos
with subsidiary imprisonment in case of insolvency at the discretion of the
court.

c. When the offender is an official or employee of any

government office or agency concerned with the enforcement or
administration of laws and regulations on sports the penalty provided for
in the preceding Section 3 a small be imposed. In addition, he shall be
disqualified from holding any public office or employment for life. If he is
an alien, he may be deported.
 The penalty of arresto menor or a fine not exceeding
200 pesos, or both, shall be imposed upon any person who
except during the period allowed by law, shall be on horse races.
The penalty of arresto mayor or a fine ranging from 200 to 2,000
pesos, or both, shall be imposed upon any person who, under the
same circumstances, shall maintain or employ a totalizer or
other device or scheme for betting on horse races or realizing
any profit therefrom.

For the purposes of this article, any race held in the

same day at the same place shall be held punishable as a
separate offense, and if the same be committed by any
partnership, corporation or association, the president and the
directors or managers thereof shall be deemed to be principals in
the offense if they have consented to or knowingly tolerated its
commission.
ACTS PUNISHABLE IN ILLEGAL BETTING ON HORSE RACES:

1. By betting on horse races during the periods not allowed

by law.

2. By maintaining or employing a totalizer or other device or

scheme for betting on races or realizing profit therefrom,
during the periods not allowed by law.

Maintaining or employing a totalizer or other device or

scheme for betting on horse races or realizing any profits
therefrom aggravates the liability of the offenders.

TOTALIZER--- a machine for registering and indicating

the number and nature of bets made on horse races.
RACING DAYS:

Private individuals and entities duly licensed by the

Commission on Races ( now the Games and
Amusement Board) may hold horse races on
Sundays not reserved under this Act, on twenty-
four Saturdays as may be determined by the said
Commission and on legal holidays.

HORSE RACES NOT ALLOWED BY LAW ON:

1. July 4th of each year
2. December 30th of each year
3. Any registration or voting days
4. Holy Thursday and Good Friday
 The race held on the same day and at the same
place is punished as a separate offense. It would
seem that the penalties provided in the 1st
paragraph shell be imposed.

Horse races may be carried on at any time or

place, and prizes or gifts may be offered, given
or paid, to the winner in said races, provided it is
not accompanied by any betting, or the use of
totalizer or other devices for betting money on
horse races.
The penalty of arresto menor or a fine not
exceeding 200 pesos, or both, in the discretion
of the court, shall be imposed upon:

1. Any person who directly or indirectly

participates in cockfights, by betting money
or other valuable things, or who organizes
cockfights at which bets are made, on a day
other than those permitted by law.

2. Any person who directly or indirectly

participates in cockfights, at a place other
than a licensed cockpit.
(a) Cockfighting shall embrace and mean the commonly known game or term
"cockfighting derby, pintakasi or tupada", or its equivalent terms in different
Philippine localities.

(b) Zoning Law or Ordinance Either both national or local city or municipal
legislation which logically arranges, prescribes, defines and apportions a given
political subdivision into specific land uses as present and future projection of
needs warrant.

(c) Bet Taker of Promoter A person who calls and takes care of bets from owners of
both gamecocks and those of other bettors before he orders commencement of the
cockfight and thereafter distributes won bets to the winners after deducting a
certain commission.

(d) Gaffer (Taga Tari) A person knowledgeable in the art of arming fighting cocks
with gaff or gaffs on either or both legs.

e) Referee (Sentenciador) A person who watches and oversees the proper gaffing
of fighting cocks, determines the physical condition of fighting cocks while
cockfighting is in progress, the injuries sustained by the cocks and their capability
to continue fighting and decides and make known his decision by work or gestures
and result of the cockfight by announcing the winner or declaring a tie or no
contest game.

(f) Bettor A person who participates in cockfights and with the use of money or
other things of value, bets with other bettors or through the bet taker or promoter
and wins or loses his bet depending upon the result of the cockfight as announced
by the Referee or Sentenciador. He may be the owner of fighting cock.
Cockpits and Cockfighting: In General:

Ownership, Operation and Management of

Cockpits. Only Filipino citizens not otherwise
inhibited by existing laws shall be allowed to
own, manage and operate cockpits. Cooperative
capitalization is encouraged.

Establishment of Cockpits. Only one cockpit

shall be allowed in each city or municipality,
except that in cities or municipalities with a
population of over one hundred thousand, two
cockpits may be established, maintained and
operated.
Cockpits Site and Construction. Cockpits shall be constructed and operated
within the appropriate areas as prescribed in Zoning Law or Ordinance. In the
absence of such law or ordinance, the local executives shall see to it that no
cockpits are constructed within or near existing residential or commercial
areas, hospitals, school buildings, churches or other public buildings. Owners,
lessees, or operators of cockpits which are now in existence and do not
conform to this requirement are given three years from the date of
effectivity of this Decree to comply herewith. Approval or issuance of
building permits for the construction of cockpits shall be made by the city or
provincial engineer in accordance with their respective building codes,
ordinances or engineering laws and practices.

Cockfighting for Entertainment of Tourists or for Charitable Purposes.

Subject to the preceding subsection hereof, the Chief Constabulary or his
authorized representative may also allow the holding of cockfighting for the
entertainment of foreign dignitaries or for tourists, or for returning Filipinos,
commonly known as "Balikbayan", or for the support of national fund-raising
campaigns for charitable purposes as may be authorized by the Office of the
President, upon resolution of a provincial board, city or municipal council, in
licensed cockpits or in playgrounds or parks: Provided, that this privilege shall
be extended for only one time, for a period not exceeding three days, within
a year to a province, city, or municipality.

Other games during cockfights prescribed. No gambling of any kind shall be

permitted on the premises of the cockpit or place of cockfighting during
cockfights. The owner, manager or lessee off such cockpit and the violators of
this injunction shall be criminally liable under Section 8 hereof.
 The owner, manager or lessee of the cockpit
who shall permit gambling of any kind on the
premises of the cockpit or place of cockfight
during cockfights, violation of the injunction,
shall be criminally liable under Section 9.

The decree does not punish a person

attending as a spectator in a cockfight. To be
liable, he must participate in the cockfight
as bettor.