Mabborang, Andrea Ivanne P.

Criminal Law II

Art. 195. What acts are punishable in gambling. — (a) The penalty of arresto mayor
or a fine not exceeding two hundred pesos, and, in case of recidivism, the penalty
of arresto mayor or a fine ranging from two hundred or six thousand pesos, shall
be imposed upon:

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

2. 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.

(b) The penalty of prision correccional in its maximum degree shall be imposed
upon the maintainer, conductor, or banker in a game of jueteng or any similar
game.

(c) The penalty of prision correccional in its medium degree shall be imposed
upon any person who shall, 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.

NOTE: The provisions of Articles 195-199 of the RPC, as amended, as well as those
of PD 483 (betting, game-fixing or point-shaving and machinations in sport
contests) and 449 (Cockfighting Law), which are inconsistent with PD 1602, are
repealed. (SEE PD 1602)
 The provisions of Art. 195-199 of the Revised Penal Code, as amended, RA
No. 3063, PD 483, 449, 510, 1306, letters of instructions, laws, executive
orders, rules and regulations, city and municipal ordinances which are
inconsistent with PD 1602 are repealed.

PRESIDENTIAL DECREE NO. 1602

PRESCRIBING STIFFER PENALTIES IN ILLEGAL GAMBLING

Section 1. Penalties. The following penalties are hereby imposed:

(a) The penalty of prison correccional in its medium period of a fine ranging from
one thousand to six thousand pesos, and in case of recidivism, the penalty of
prision mayor in its medium period or a fine ranging from five thousand to ten
thousand pesos shall be imposed upon:

1. 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 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;

2. 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.
If the place where gambling is carried on 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, the malfactor shall be punished
by prision correccional in its maximum period and a fine of six thousand pesos.

(b) The penalty of prision correccional in its maximum period or a fine of six
thousand pesos shall be imposed upon 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.

Section 3. Repealing Clause. Provisions of Art. 195-199 of the Revised Penal Code,
as amended, Republic Act No. 3063, Presidential Decrees Numbered 483, 449,
510 and 1306, letters of instructions, laws, executive orders, rules and regulations,
city and municipal ordinances which are inconsistent with this Decree are hereby
repealed.

Section 4. Effectivity. This Decree shall take effect immediately upon publication
at least once in a newspaper of general circulation.
Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen
hundred and seventy-eight.

 PD 1602, dated June 11, 1978, provides stiffer penalties for violations of the
gambling laws.
 RA 9287 increased the penalties for illegal number games, amending
certain provisions of PD 1602

Penalties under RA 9287

Sec. 3. Punishable Acts. - Any person who participates in any illegal numbers
game shall suffer the following penalties:

a) The penalty of imprisonment from thirty (30) days to ninety (90) days, if such
person acts as a bettor;

b) The penalty of imprisonment from six (6) years and one (1) day to eight (8)
years, if such person acts as a personnel or staff of an illegal numbers game
operation;

The same penalty shall likewise be imposed to any person who allows his vehicle,
house, building or land to be used in the operation of the illegal numbers games.

c) The penalty of imprisonment from eight (8) years and one (1) day to ten (10)
years, if such person acts as a collector or agent;

d) The penalty of imprisonment from ten (10) years and one (1) day to twelve (12)
years, if such person acts as a coordinator, controller or supervisor;

e) The penalty of imprisonment from twelve (12) years and one (1) day to ten (10)
fourteen (14) years, if such person acts as a maintainer, manager or operator; and

f) The penalty of imprisonment from fourteen (14) years and one (1) day to sixteen
(16) years, if such person acts as a financier or capitalist;

g) The penalty of imprisonment from sixteen (16) years and one (1) day to twenty
(20) years, if such person acts as protector or coddler.

Liability of Government Officials and Employees under RA 9287

Sec. 5. 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.
NO RECENT CASE

LANDMARK CASE: THE UNITED STATES, Plaintiff-Appellee, v. JAIME FILART and

HILARIO SINGSON, Defendants-Appellants.
[G.R. No. 10263. March 13, 1915. ]

LOTTERIES - A lottery is defined as 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. Its elements are: (1) a consideration; (2) chance:
(3) a prize, or some advantage or inequality in amount or value which is in the
nature of prize.

ISSUE:
Whether or not Filart and Singson conducted lottery

FACTS:
On May 1914 Jaime Filart and Hilario Singson, conspiring together and mutually
aiding each other, and as instigators and promoters, took part in a lottery or raffle
of an automobile, which was then and there the property of the said Jaime Filart.
They intended to dispose of said automobile by chance for the sum derived from
the sale of 450 tickets or numbers which the said accused distributed and sold in
various municipalities of the Province of Ilocos Sur at the rate of P5 for each ticket
or number.

It is evident that they had an agreement whereby they would jointly sell to the
public 450 tickets successively numbered from one up, each number representing
a chance on an automobile which was to be drawn by lot as a prize as soon as
the tickets so numbered were sold. Of the 450 numbers 370 were sold for P5 each
and the remaining 80 for P3 each.

HELD:
YES, Filart and Singson conducted lottery. This was a scheme by which a result was
reached by some action or means taken in which result man’s choice or will had
no part, nor could human reason, foresight, sagacity, or design enable one to
know or determine the result until the same had been accomplished; and that it
was a scheme for the distribution of prizes by chance among persons who had
paid a valuable consideration for the chance to obtain the prize; and that it was
a lottery or a game of chance within the definition found in Act No. 1757, known
as the Gambling Law, and the persons promoting the same were guilty of a
violation of that Act.