PD 1602 - Prescribing Stiffer Penalties In Illegal Gambling
On Criminal Law
(Repealed Art. 195-199 RPC, PD 483 betting law, and PD 449 cockfighting law)
Acts Punished Penalty
1. Any person who shall directly or indirectly Prision Correccional medium
take part in any illegal or unauthorized or fine ranging from P1000
activities or games of: to P6000
(1) Cockfighting, jueting, jai-alai, or horse
racing to include bookie operations and game In case of recidivism, Prision
fixing, numbers, bingo and other forms of Mayor Medium or fine ranging
lotteries. from P5000 to P10000
(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) Pak 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 KNOWINGLY permits any form of
gambling in an inhabited or uninhabited place or
in any building, vessel or other means of
transportation owned or controlled by him
(1) Gambling in place with reputation of gambling, Prision correccional maximum,
frequent gambling place, government building fine of P6,000
or barangay hall
(2) Maintainer or conductor of above gambling
schemes
- Government official maintainer, conductor, Prision Mayor Medium with
banker of gambling schemes; player, temporary absolute
promoter, referee, umpire, judge or coach in disqualification or fine of
case of game fixing, point shaving P6000
and machination
- Any person who knowingly and without lawful Prision Correccional Medium
purpose possess lottery list, paper or other or fine P400 to P2000
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
- Barangay official who with knowledge of Temporary Absolute
gambling house/place in his jurisdiction disqualification
fails to abate or take action
- Security officer, watchman, private or Prision Correccional
house detective of hotels, villages, maximum or fine P500
buildings, enclosures and the like to P2000
which have reputation of gambling place
or where gambling activities are
being held
NOTES:
Playing for money is not a necessary element. The law’s purpose is to prohibit
absolutely those games.
Any other games if with wager of money, articles, or value are at stake or made
Individual/team contests: game-fixing, point- shaving, other machinations
Spectators are not liable: must directly or indirectly take part; The law does
not make it an offense to be present in a gambling house.
A game or scheme is punishable even if winning depends upon skill as long as
wagers (consisting of money, articles of value or representative of value)
are at stake or made.
Lottery:
Requisites:
1. Consideration
2. Chance
3. Prize/advantage/inequality in amount value which is in the nature of prize
NOTES:
Distribution of prizes by chance
No lottery where there is full value of money(criminal case-Olsen), but
if inducement to win prize is reason for purchase/subscription/others then
even if full value for money is received - still lottery
Proof that game took place or is about to take place is not necessary;
burden of evidence is shifted to accused to show that his possession is
lawful or is not connected with jueteng game; but proof to the contrary
is necessary when jueteng lists pertain to games played on other dates
MAINTAINER – person who sets up and furnishes means to carry on gambling
or scheme
CONDUCTOR – person who manages or carries on gambling game or scheme