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SUMMARY OF ACTS PUNISHED, PENALTIES, AND SPECIAL/QUALIFYING CIRCUMSTANCES ROMAN

RPC
Act EXAMPLE/S OF SPECIFIC ACTIVITIES PUNISHMENT QUALIFYING CIRCUMSTANCE
Taking Part Any person other than those referred to in subsections Arresto menor/fine not exceeding two Recidivism è Arresto mayor in its
Art. 195 (a) 1 (b) and (c) who, in any manner shall directly, or indirectly hundred pesos medium period/fine ranging from 200 -
take part in any game of 6,000 pesos
• 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;
• 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 value.
Knowingly Knowlingly permitting any form of gambling referred to in Recidivism è Arresto mayor in its
permitting the preceding subdivision to be carried on in any medium period/fine ranging from 200 to
Art. 195 (a) 2 unhabited or uninhabited place of any building, vessel or
other means of transportation owned or controlled by 6,000 pesos
him.
If the place where gambling is carried on
If the place where gambling is carried on has the has the reputation of a gambling place or
reputation of a gambling place or that prohibited that prohibited gambling is è Maximum
gambling is frequently carried on therein, the culprit shall
be punished by the penalty provided for in this article in period
its maximum period.

Maintaining or Being a maintainer, conductor, or banker in a game of prision correccional in its maximum
conducting jueteng or any similar game. degree
Art. 195 (b)

Possessing knowingly and without lawful purpose, have in his prision correccional in its medium
Art. 195 (c) possession and lottery list, paper or other matter degree
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.
Importing, selling, • any person who shall import into the Philippine • arresto mayor in its maximum The possession of any lottery ticket or
and possessing of Islands from any foreign place or port any lottery period to prision correccional in its advertisement shall be prima facie
lottery tickets or ticket or advertisement or, in connivance with the minimum period or a fine ranging
advertisements importer, shall sell or distribute the same. from 200 to 2,000 pesos, or both
SUMMARY OF ACTS PUNISHED, PENALTIES, AND SPECIAL/QUALIFYING CIRCUMSTANCES ROMAN
Art. 196 (cont.) • Any person who shall knowingly and with intent to • arresto menor, or a fine not evidence of an intent to sell, distribute or
use them, have in his possession lottery tickets or exceeding 200 pesos, or both, in use the same in the Philippine Islands.
advertisements, or shall sell or distribute the same the discretion of the court
without connivance with the importer of the same

Betting in sports any person who shall bet money or any object or article arresto menor or a fine not exceeding
contests of value or representative of value upon the result of any 200 pesos, or both
Art. 197 boxing or other sports contests.

Illegal betting on • any person who except during the period allowed by • arresto menor or a fine not any race held in the same day at the
horse races law, shall be on horse races exceeding 200 pesos, or both same place shall be held punishable as a
Art. 198 separate offense, and if the same be
• Any person who, under the same circumstances, • arresto mayor or a fine ranging committed by any partnership,
shall maintain or employ a totalizer or other device or from 200 to 2,000 pesos, or both corporation or association, the president
scheme for betting on horse races or realizing any and the directors or managers thereof
profit therefrom. shall be deemed to be principals in the
offense if they have consented to or
knowingly tolerated its commission.

Illegal • Any person who directly or indirectly participates in arresto menor or a fine not exceeding
Cockfighting cockfights, by betting money or other valuable 200 pesos, or both, in the discretion of
Art. 199 things, or who organizes cockfights at which bets are the court
made, on a day other than those permitted by law.
• Any person who directly or indirectly participates in
cockfights, at a place other than a licensed cockpit.

PD 1602
Act EXAMPLE/S OF SPECIFIC ACTIVITIES PUNISHMENT QUALIFYING CIRCUMSTANCE
Taking Part (see table See table below
below)
Section 1 (a) 1
Knowingly permitting Knowingly permitting any form of gambling referred to Prision correccional in its • Recidivism è Prison mayor in its medium
Section 1 (a) 2 in the preceding sub-paragraph to be carried on in an medium period/fine period/fine ranging from 5,000-10,000
inhabited or uninhabited place or in any building, ranging from 1,000-6,000 pesos
vessel, or other means of transportation owned or pesos • If the place where gambling is carried on
controlled by him. has a reputation of a gambling place or that
prohibited gambling is frequently carried on
therein, or the place is a public or
government building or barangay hall è
SUMMARY OF ACTS PUNISHED, PENALTIES, AND SPECIAL/QUALIFYING CIRCUMSTANCES ROMAN
prision correccional in its maximum period
AND a fine of 6,000 pesos
• 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 è temporary absolute
disqualification (section 1 (e) )
• 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 è prision correctional in its
maximum period / fine ranging from 500-
2,000 pesos (section 1 (f) )
Maintaining or Maintaining or conducting of the above gambling Prision correccional in its • If the maintainer, conductor, banker is a
conducting schemes maximum period or a fine government official
Section 1 (b) of 6,000 pesos • If the player, promoter, referee, umpire,
judge, or coach in case of game fixing, point
shaving, [and] machination is a government
official
• BOTH è prision mayor in its medium period
with [temporary absolute disqualification
OR a fine of 6,000 pesos] (section 1 (c) )

Possessing Knowingly and without lawful purpose in any hour of Prision correccional in its
Section 1 (d) any day, possess any lottery list, paper, or other matter medium period/fine
containing letters, figures, signs or symbols pertaining ranging from 400-2,000
to or in any manner used in the games of jueteng, jai- pesos
alai, or horse racing bookies, and similar games of
lotteries and numbers which have taken place or about
to take place
SUMMARY OF ACTS PUNISHED, PENALTIES, AND SPECIAL/QUALIFYING CIRCUMSTANCES ROMAN
Taking Part
Section 1 (a) 1
GROUP EXAMPLE/S OF SPECIFIC ACTIVITIES PUNISHMENT QUALIFYING CIRCUMSTANCE

Miscellaneous Cockfighting, jueteng, jai-alai, or horse racing to Prision correccional in its Recidivism è Prison mayor in its medium
include bookie operations and game fixing, numbers, medium period/fine ranging period/fine ranging from 5,000-10,000 pesos
bingo, and other forms of lotteries from 1,000-6,000 pesos
Coin games Cara y Cruz, pompiang
Dice games 7-11
Card games Black Jack, Lucky Nine, Poker and its derivatives,
monte, baccarat, cuajo, pangguige
Plastic Tiles Paik que, high and low, mahjong, domino
Mechanical contraptions Pinball
Racing Dog, boat, car
Individual or team Basketball, boxing, volleyball, bowling, pingpong
contests Game fixing, point shaving, and other machinations
Banking or percentage Any activity whether upon chance or skill, wherein
games wagers consisting of money, articles or value, or
representative of value are at stake or made

RA 9287
Punishable acts – Section 3
Act Punishment
if such person acts as a bettor Imprisonment from 30 – 90 days
if such person acts as a personnel or staff of an illegal numbers game operation imprisonment from six (6) years and one (1) day to eight (8) years,
any person who allows his vehicle, house, building or land to be used in the
operation of the illegal numbers games
if such person acts as a collector or agent imprisonment from eight (8) years and one (1) day to ten (10) years,
if such person acts as a coordinator, controller or supervisor imprisonment from ten (10) years and one (1) day to twelve (12) years
if such person acts as a maintainer, manager or operator The penalty of imprisonment from twelve (12) years and one (1) day to ten (10)
fourteen (14) years
if such person acts as a financier or capitalist imprisonment from fourteen (14) years and one (1) day to sixteen (16) years
if such person acts as protector or coddler imprisonment from sixteen (16) years and one (1) day to twenty (20) years
SUMMARY OF ACTS PUNISHED, PENALTIES, AND SPECIAL/QUALIFYING CIRCUMSTANCES ROMAN

RA 9827
Liability of certain individuals
Specific persons Penalty
Liability of Government Employees • If the collector, agent, coordinator, controller, • twelve (12) years and one (1) day to twenty (20) years
and/or Public Officials – section 5 supervisor, maintainer, manager, operator, financier or and a fine ranging from Three million pesos
capitalist of any illegal numbers game is a government (P3,000,000.00) to Five million pesos (P5,000,000.00)
employee and/or public official, whether elected or and perpetual absolute disqualification from public
appointed office.
• In the case of failure to apprehend perpetrators of any • In addition to the penalty provided in the immediately
illegal numbers game, any law enforcer shall suffer an preceding section, the accessory penalty of perpetual
administrative penalty of suspension or dismissal, as disqualification from public office shall be imposed
the case may be, to be imposed by the appropriate upon any local government official who, having
authority. 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.

Liability of Parents/Guardians – section any parent, guardian or person exercising moral authority • imprisonment from six (6) months and one (1) day to
6 or ascendancy over a minor, ward or incapacitated person, one (1) year or fine ranging from One hundred
and not otherwise falling under any of the foregoing thousand pesos (P100,000.00) to Four hundred
subsections, who induces or causes such minor, ward or thousand pesos (P400,000.00) shall be imposed upon
incapacitated person to commit any of the offenses any parent, guardian or person exercising moral
punishable in this Act. 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.
SUMMARY OF ACTS PUNISHED, PENALTIES, AND SPECIAL/QUALIFYING CIRCUMSTANCES ROMAN

GAMBLING STUDY OUTLINE (refer to the tables above)


I. Introduction
a. Title Six: Crimes against Public Morals
i. Chapter 1: Gambling and Betting è 195 – 199
ii. Chapter 2: Offenses against decency and good custom è 200 – 202
II. RPC 195-199
a. Article 195: What acts are punishable in gambling
i. Acts Punishable
1. Taking part
a. The accused takes part, directly or indirectly, in a game
b. The game involves any of the following (refer to table)
2. Knowlingly Permitting
a. That any form of gambling enumerated in the preceding sub-paragraph takes place on any inhabited or uninhabited place
or any building, vessel, or other means of transportation
b. That such place, building, vessel, or other means of transportation is owned or controlled by the accused
c. That the accused was aware of the gambling game taking place
d. That the accused knowlingly permitted such gambling game to carry on
3. Maintaining or Conducting
4. Possessing
a. That accused has in his possession any 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
b. He knowlingly possesses them
c. Such possession is without lawful purpose
b. Article 196: Importation, Sale, and Possession of Lottery Tickets or Advertisements
c. Article 197: Betting in Sports Contests
i. Repealed by PD 483
d. Article 198: Illegal Betting on Horse Race
e. Article 199: Illegal Cockfighting
i. Repealed by PD 449 and PD 1602
III. PD 1602: Prescribing Stiffer Penalties on Illegal Gambling
a. Acts punishable
i. Taking part
1. The accused takes part, directly or indirectly, in a game (refer to table)
2. That such game is illegal or unauthorized
3. That wagers consisting of money, articles or value, or representative of value are at stake or made
ii. Knowlingly Permitting (SAME AS RPC)
1. That any form of gambling enumerated in the preceding sub-paragraph takes place on any inhabited or uninhabited place or any
building, vessel, or other means of transportation
2. That such place, building, vessel, or other means of transportation is owned or controlled by the accused
3. That the accused was aware of the gambling game taking place
4. That the accused knowlingly permitted such gambling game to carry on
iii. Maintaining or Conducting
iv. Possessing (ALMOST THE SAME as RPC)
SUMMARY OF ACTS PUNISHED, PENALTIES, AND SPECIAL/QUALIFYING CIRCUMSTANCES ROMAN
1. That accused has in his possession any 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, jai-alai, or horse racing bookies, and similar games of lotteries and numbers
which have taken place or about to take place
2. Such possession is without lawful purpose
IV. RA 9287: An Act Increasing The Penalties For Illegal Number Games, Amending Certain Provisions Or Presidential Decree 1602 And For Other
Purposes
a. ONLY for illegal numbers games
b. NOTE: the offender’s role is important since punishments are meted out based on extent of offender’s participation
c. ELEMENTS:
i. The accused participates in any illegal numbers game
ii. The accused acts as any of the following roles (refer to table)
V. Comparisons
a. What is present/absent across RPC, PD 1602, and RA 9287
b. Compare: PUNISHMENTS
VI. Why is there still gambling? è EXCEPTIONS
a. LOI 816, PAGCOR, PCSO, Economic Zones (CEZA, APECO, AFAB), Regulatory Bodies (GAB, PhilRaCom, PGC)
VII. Moving forward
a. EO 13 of President Duterte: gives the Office of the President a shorter leash with respect to illegal gambling

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