MALACAÑANG
M a n i l a
PRESIDENTIAL DECREE No. 1602
People who would be arrested for illegal gambling will be charged for violation of Republic Act 9287 or the act increasing the penalties for illegal numbers, games, which amended certain provisions of residential Decree 1602. Police are set to file a case of violation of Presidential Decree 1602 or the law on illegal gambling against those arrested. Espinosa said that the men were temporarily detained in their Carcar.
PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING
It noted that Section 1 of PD 1602 does not indicate that internet gambling is among those illegal acts penalized by the said law. 'Therefore, there is no law that punishes internet gambling or on-line casino. Well settled is the principle that 'there is no crime when there is no law penalizing it,' the CA ruled. 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.—.
WHEREAS, Philippine Gambling Laws such as Articles 195-199 of the Revised Penal Code (Forms of Gambling and Betting), R.A. 3063 (Horse racing Bookies), P.D. 449 (Cockfighting), P.D. 483 (Game Fixing), P.D. 510 (Slot Machines) in relation to Opinion Nos. 33 and 97 of the Ministry of Justice, P.D. 1306 (Jai-Alai Bookies) and other City and Municipal Ordinances or gambling all over the country prescribe penalties which are inadequate to discourage or stamp out this pernicious activities;
WHEREAS, there is now a need to increase their penalties to make them more effective in combating this social menace which dissipate the energy and resources of our people;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:
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 2.Informer's reward. Any person who shall disclose information that will lead to the arrest and final conviction of the malfactor shall be rewarded twenty percent of the cash money or articles of value confiscated or forfeited in favor of the government.
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.
The Lawphil Project - Arellano Law Foundation
Republic Act 9287 was created as a response by Congress to end the public clamor for tougher laws on illegal number gambling, specifically targeting games such as Jueteng. Gambling laws in the Philippines before this Act did not provide enough of a deterrent or explicit prohibitions against illegal numbers games as loopholes observed in old anti-gambling laws allowed illegal activities such as Jueteng to flourish without much repercussion. Republic Act 9287 was enacted on April 19th, 2004 and considered immediately effective and implemented 60 days after it was signed.
Pd 1602 Illegal Gambling Law
This Act plugged holes left by Presidential Decree No. 1602 which addressed video Karera machines only, the Act increased penalties for those involved in illegal numbers games and made no change to the penalties of those involved in other illegal gambling activities.
This loophole allowed offenders to simply jump ship to another form of illegal gambling. Because of this, RA 9287 made amendments to replace the words “numbers game” with “…[any] other illegal gambling activity devised in order to elude prosecution” to circumvent said issues. RA 9287 not only created harsher penalties for illegal numbers games, it included language to target specific games like Jueteng, Masiao, Last Two, Jai Alai, and more.
The Act also amended provisions of Presidential Decree No. 1602 to bring the law to meet modern requirements. Upon the enactment of this anti-illegal gambling law, a memo was sent to provincial governors, and city and municipal mayors informing them of their automatic deputation as representatives of the National Police Commission, or NAPOLCOM, in their jurisdiction.
Each official addressed had been given tasks to participate in ending illegal gambling activities within their jurisdiction and told to enhance and cultivate community involvement in said operators to end illicit gaming.
How Does Republic Act 9287 Affect Casino Gambling in the Philippines?
RA 9287 does not affect legally licensed gambling or domestic casinos within the Philippines unless they are participating in illegal activities. Due to the amended laws created by the enactment of RA 9287 any offenders found playing illegal gambling activities or in possession of illegal gaming devices shall face severe consequences as specified under Sections 3, 5, and 9.
This Act is meant to effectively curb the amount of revenue illegal numbers games take from legitimately licensed sources such as the Small Town Lottery or STLs run by the Philippine Charity Sweepstakes Office (PCSO).
The Effect of Republic Act 9287 on Philippine Online Casino Gambling
P.d. 1602 Illegal Gambling
Legally licensed offshore online casinos are not affected by RA 9287 nor do they offer illegal variations of number games on their internet platform. RA 9287 can only affect domestic gambling operations and any persons maintaining said operation who participate in offering illegal numbers games and illegal gambling activities.
Those internationally-based online operators who hold authorized licenses from external and offshore jurisdictions, comply with fair gaming practices, and operating standards have no need to worry about the effect of RA 9287 on their operations. Punters are permitted to still access legal offshore Philippine online casinos to enjoy a wide range of games such as keno, scratch-offs, slots, roulette, and more.
Outcome
RA 9287 has made amazing strides in properly punishing those who are engaged in illegal gambling activities, specifically illegal numbers games. Illegal numbers bookkeepers and operators in small provinces and towns are facing the crackdown on illegal gambling from their local authorities due to RA 9287.
Certain territories have agencies routinely busting new gaming establishments as reports emerged of illegal betting stations which were permanently closed, offenders were dealt with for violating PD No. 1602 and RA 9287. These new implementations and actions against illegal gambling have satisfied overseeing jurisdictions such as PAGCOR and the AMLC.