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Title 6 - Public Morals

Title 6 - Public Morals

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Published by: Sui on Jun 14, 2011
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Chapter One. Gambling and BettingArticle 195. GamblingArticle 196. Importation, sale and possession of lotterytickets or advertisementsArticle 197. Betting in sport contests (REPEALED)Article 198. Illegal betting on horse racesArticle 199. Illegal cockfightingChapter Two. Offenses against Decency and GoodCustom Article 200. Grave scandalArticle 201. Immoral doctrines, obscenepublicationsand exhibitionsArticle 202. Vagrancy and prostitution
Article 195. Gambling
Acts punishable:
 Taking part directly or indirectly in –a.any game of monte, jueteng, orany other form of lottery, policy,banking, or percentage game, dograces, or any other game or schemethe results of which depend wholly orchiefly upon chance or hazard; orwherein wagers consisting of money,articles of value, or representative of value are made; orb.the exploitation or use of anyother mechanical invention orcontrivance to determine by chancethe loser or winner of money or anyobject or representative of value;2.Knowingly permitting any form of gamblingto be carried on in any place owned orcontrolled by the offender;3.Being maintainer, conductor, or banker in agame of jueteng or similar game;4.Knowingly and without lawful purposepossessing lottery list, paper, or othermatter containing letters, figures, signs orsymbol which pertain to or are in anymanner used in the game of jueteng or anysimilar game.
PRESIDENTIAL DECREE NO. 1602Prescribing Stiffer Penalties On IllegalGamblingWho are punishable?
1. Any person other than those referred to in thesucceeding sub-sections who in any manner, shalldirectly or indirectly
take part
in any illegal orunauthorized activities or gamesWhat are illegal or unauthorized activities or games?
cockfighting, jueteng, lotteries, games usingdice, card games, games using plastic tiles(mahjong), mechanical contraptions anddevices (slot machines), races, individual orteam contests where game fixing, pointshaving and other machinations arepresent, banking or percentage game
IN GENERAL: or any other game scheme,whether upon chance or skill, whereinwagers consisting of money, articles of value or representative of value are at stakeor made2. Any person who shall
knowingly permit
any formof gambling referred to in the precedingsubparagraph to be carried on in inhabited oruninhabited place or in any building, vessel or othermeans of transportation owned or controlled by him.3. The
of the abovegambling schemes.4. Any person who shall, knowingly and withoutlawful purpose in any hour of any day,
lottery list
, paper or othermatter containing letters, figures, signs orsymbols pertaining to or in any manner usedin the games of jueteng, jai-alai or horseracing bookies, and similar games of lotteriesand numbers which have taken place or aboutto take place.5. 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 inconnection therewith.6. Any security officer, security guard,
,private or house detective of hotels, villages,buildings, enclosures and the like which have thereputation of a
gambling place
or where gamblingactivities are being held.Penalty is higher:1.If the place where gambling is carried onhas a reputation of a gambling place or thatprohibited gambling is frequently carried ontherein;2.If the place is a public or governmentbuilding or barangay hall;
If the maintainer, conductor or banker of said gambling schemes is a governmentofficial, or where such government official isthe player, promoter, referee, umpire, judgeor coach in case of game fixing, pointshaving and machination.Very important!!! Informer's reward!!!
Any personwho shall disclose information that will lead to thearrest and final conviction of the malefactor shall be
C2005 Criminal Law 2 Reviewer55
Gambling is any game orscheme, whether upon chance or skill,wherein wagers consisting of money,articles or value or representative of valueare at stake or made.
Reason forprohibiting/punishing gambling: to repressand evil that undermines the social, moraland economic growth of the nation.
Under P.D. No. 1602, it seemsthat when the law names the games,punishing any person who take parttherein, its purpose is to prohibit absolutelythose games.
Spectators are not liable ingambling, because they do not take partdirectly or indirectly.
Lottery a scheme for thedistribution of prizes by chance amongpersons who have paid, or agreed to pay, avaluable consideration for the chance toobtain a prize.
Elements of lottery:consideration, chance and prize or someadvantage or inequality in amount or valuewhich is in the nature of a prize.
 There is no lottery when theperson gets full value for his money.Example: a package of cigarette sold atP0.30 each includes a coupon which mayallow the buyer to win a gold watch. This isnot lottery, because the player got full forhis money. The winning of the watch is just a bonus.
 The operation, possession, useand importation of pinball and slotmachines and other similar devices orparaphernalia used for their operation isdeclared unlawful under P.D. No. 519 whichtook effect on July 23, 1974.Knowingly permitting gambling to be carried onin a place owned or controlled by the offender(2
mode of violating this article)Elements:1.That a gambling game was carried onin an inhabited or uninhabited place or inany building, vessel, or other means of transportation.2.That the place, building, vessel orother means of transportation is owned orcontrolled by the offender3.That the offender permitted thecarrying on of such game, knowing that itis a gambling game.
 The maintainer or conductor ina gambling game are likewise punished. Amaintainer is the person who sets up andfurnishes the means with which to carry onthe gambling game or scheme. Aconductor is the person who manages orcarries on the gambling game or scheme.
 To be prosecuted forpossessing a jueteng list, proof that thegame took place or is about to take place isnot necessary. Such a list naturallypertains to the game of jueteng and theaccused would not keep it in his possessionbut for its connection with such game of  jueteng.
But proof to the contrary isnecessary when the jueteng lists pertain togames played on other dates.
LETTER OF INSTRUCTIONS NO. 816What is exempted from the coverage of P.D.1602?
 The games of domino, bingo, poker when not playedwith five cards stud, cuajo, pangguingue andmahjong, provided that they are played as parlorgames or for home entertainment; and ProvidedFurther, That they are not played in places habituallyused for gambling and the betting is not disguised todefeat the intent of P.D.No. 1602
Article 196. Importation, sale andpossession of lottery tickets oradvertisements
Acts punishable:1.Importing into the Philippines from anyforeign place or port any lottery ticket oradvertisement; or2.Selling or distributing the same inconnivance with the importer;3.Possessing, knowingly and with intentto use them, lottery tickets oradvertisements; or
Selling or distributing the same withoutconnivance with the importer of the same.
 The possession of any lotteryticket or advertisement is prima facieevidence of an intent to sell, distribute oruse the same in the Philippines.
Must lottery tickets begenuine? There are two views:
 YES. It is notnecessary that the tickets be genuine,as it is enough that they be given theappearance of lottery tickets
C2005 Criminal Law 2 Reviewer56
NO. If lottery ticketsare counterfeit, they cannot give rise tothe evil sought to be eradicated.
Article 197. Betting in sports contests –REPEALED BY PD 483
PD 483Penalizing Betting, Game-fixing or PointShaving in Sports ContestsSECTION 1.
Definitions. — For purposes of thisDecree, the following terms shall mean and beunderstood to be as hereunder indicated:a.Betting — betting money or any object or articleof value or representative of value upon theresult of any game, races and other sportscontest.b.Game-fixing — any arrangement, combination,scheme or agreement by which the result of anygame, races or sports contests shall bepredicted and/or known other than on the basisof the honest playing skill or ability of theplayers or participants.c.Point-shaving any such arrangement,combination, scheme or agreement by which theskill or ability of any player or participant in agame, races or sports contests to make points orscores shall be limited deliberately in order toinfluence the result thereof in favor of one orother 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 orsport contest.
Betting, game-fixing, point-shaving orgame machination unlawful. — Game-fixing, point-shaving, machination, as defined in the precedingsection, in connection with the games of basketball,volleyball, softball, baseball; chess, boxing bouts,"jai-alai", "sipa", "pelota" and all other sportscontests, games or races; as well as betting thereinexcept as may be authorized by law, is herebydeclared unlawful.
Penalty. — Any violation of this Decree,or of the rules and regulations promulgated inaccordance herewith, shall be punished in themanner following:a.When the offender is an official, such aspromoter, referee, umpire, judge, or coach in thegame, race or sports contests, or the manageror sponsor of any participating team, individualor player therein, or participants or players insuch games, races or other sports contests, heshall, upon conviction, be punished by prisioncorreccional in its maximum period and a fine of 2,000 pesos with subsidiary imprisonment incase of insolvency, at the discretion of the court. This penalty shall also be imposed when theoffenders compose a syndicate of five or morepersons.b.In case of any offender, he shall, uponconviction, be punished by prision correccionalin its medium period and a fine of 1,000 pesoswith 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 withthe enforcement or administration of laws andregulations on sports the penalty provided for inthe preceding Section 3 a small be imposed. Inaddition, he shall be disqualified from holdingany public office or employment for life. If he isan alien, he may be deported.
Article 198. Illegal Betting on horse races
Acts punishable:1.Betting on horse races during periodsnot allowed by law;2.Maintaining or employing a totalizer orother device or scheme for betting onraces or realizing profit therefrom duringthe periods not allowed by law.When horse races not allowed1.July 4 (Republic Act No. 137);2.December 30 (Republic Act No. 229);3.Any registration or voting days(Republic Act No. 180, Revised ElectionCode); and4.Holy Thursday and Good Friday(Republic Act No. 946).
A totalizer is a machine forregistering and indicating the number andnature of bets made on horse races. Thepenalty is higher when this devise isemployed.
Any race held on the same dayand at the same place shall be heldpunishable as a separate offense.
If the violation is committed byany partnership, corporation, orassociation, the president and the directorsor managers shall be deemed to beprincipals in the offense if they haveconsented to or knowingly tolerated itscommission.
Horse races may be carried onat any time or place, and prizes or giftsmay be offered, given or paid, to thewinner in said races, provided it is notaccompanied by any betting, or the use of totalizer or other devices for betting moneyon horse races.
Article 199. Illegal cockfighting
Acts punishable:
C2005 Criminal Law 2 Reviewer57

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