Republic Act No.

9287 April 2, 2004

AN ACT INCREASING THE PENALTIES FOR ILLEGAL NUMBERS
GAMES, AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL
DECREE NO. 1602, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Declaration of Policy. - It is the policy of the State to promote a
just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies
that provide adequate social services, promote full employment, a rising
standard of living, and an improved quality of life for all. It is likewise the
policy of the State that the promotion of social justice shall include the
commitment to create economic opportunities based on freedom of initiative
and self-reliance.
Hence, the State hereby condemns the existence of illegal gambling
activities such as illegal numbers games as this has become an influential
factor in an individual's disregard for the value of dignified work,
perseverance and thrift since instant monetary gains from it are being
equated to success, thereby becoming a widespread social menace and a
source of corruption.
Towards this end, the State shall therefore adopt more stringent measures
to stop and eradicate the existence of illegal numbers games in any part of
the country.
Sec. 2. Definition of Terms. - As used in this Act, the following terms shall
mean:
a) Illegal Numbers Game. - Any form illegal gambling activity which uses
numbers or combinations thereof as factors in giving out jackpots.
b) Jueteng. - An illegal numbers game that involves the combination of thirty-
seven (37) numbers against thirty-seven (37) numbers from number one (1)
to thirty seven (37) or the combination of thirty-eight (38) numbers in some
areas, serving as a form of local lottery where bets are placed and accepted
per combination, and its variants.
c) Masiao. - An illegal numbers game where the winning combination is
derived from the results of the last game of Jai Alai or the Special Llave
portion or any result thereof based on any fictitious Jai Alai game consisting
of ten (10) players pitted against one another, and its variants.
d) Last Two. - An illegal numbers game where the winning combination is
derived from the last two (2) numbers of the first prize of the winning
Sweepstakes ticket which comes out during the weekly draw of the Philippine
Charity Sweepstakes Office (PCSO), and its variants.
e) Bettor ("Mananaya", "Tayador" or variants thereof). - Any person who
places bets for himself/herself or in behalf of another person, or any person,
other than the personnel or staff of any illegal numbers game operation.
f) Personnel or Staff of Illegal Numbers Game Operation. - Any person, who
acts in the interest of the maintainer, manager or operator, such as, but not
limited to, an accountant, cashier, checker, guard, runner, table manager,
usher, watcher, or any other personnel performing such similar functions in
a building structure, vessel, vehicle, or any other place where an illegal
numbers game is operated or conducted.
g) Collector or Agent ("Cabo", "Cobrador", "Coriador" or variants thereof). -
Any person who collects, solicits or produces bets in behalf of his/her
principal for any illegal numbers game who is usually in possession of
gambling paraphernalia.
h) Coordinator, Controller or Supervisor ("Encargado" or variants thereof). -
Any person who exercises control and supervision over the collector or
agent.
i) Maintainer, Manager or Operator. - Any person who maintains, manages
or operates any illegal number game in a specific area from whom the
coordinator, controller or supervisor, and collector or agent take orders.
j) Financiers or Capitalist. - Any person who finances the operations of any
illegal numbers game.
k) Protector or Coddler. - Any person who lends or provides protection, or
receives benefits in any manner in the operation of any illegal numbers
game.
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.
Sec. 4. 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.
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.
In addition to the penalty provided in the immediately preceding section, the
accessory penalty of perpetual disqualification from public office shall be
imposed upon any local government official who, having 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.
b) In the case of failure to apprehend perpetrators of any illegal numbers
game, any law enforcer shall suffer an administrative penalty of suspension
or dismissal, as the case may be, to be imposed by the appropriate authority.
Sec. 6. Liability of Parents/Guardians. - The penalty of imprisonment from
six (6) months and one (1) day to one (1) year or fine ranging from One
hundred thousand pesos (P100,000.00) to Four hundred thousand pesos
(P400,000.00) shall be imposed upon any parent, guardian or person
exercising moral 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.
Sec. 7. Recidivism. - The penalty next higher in degree as provided for under
Section 3 hereof shall be imposed upon a recidivist who commits any of the
offenses punishable in this Act.
Sec. 8. Immunity from Prosecution. - Any person who serves as a witness
for the government or provides evidence in a criminal case involving any
violation of this Act, or who voluntarily or by virtue of a subpoena
testificandum or duces tecum, produces, identifies, or gives testimony shall
be immune from any criminal prosecution, subject to the compliance with the
provisions of Presidential Decree No. 1732, otherwise known as Decree
Providing Immunity from Criminal Prosecution to Government Witnesses
and the pertinent provisions of the Rules of Court.
Sec. 9. Prosecution, Judgment and Forfeiture of Property. - Any person may
be charged with or convicted of the offenses covered by this Act without
prejudice to the prosecution of any act or acts penalized under the Revised
Penal Code or existing laws.
During the pendency of the case, no property or income used or derived
therefrom which may be confiscated and forfeited shall be disposed,
alienated or transferred and the same shall be in custodia legis and no bond
shall be admitted for the release of the same.
The trial prosecutors shall avail of provisional remedies provided for under
the Revised Rules on Criminal Procedure.
Upon conviction, all proceeds, gambling paraphernalia and other
instruments of the crime including any real or personal property used in any
illegal numbers game operation shall be confiscated and forfeited in favor of
the State. All assets and properties of the accused either owned or held by
him/her in his/her name or in the name of another person found to be
manifestly out of proportion to his/her lawful income shall be prima facie
presumed to be proceeds of the offense and shall likewise be confiscated
and forfeited in favor of the State.
Sec. 10. Witness Protection. - Any person who provides material information,
whether testimonial or documentary, necessary for the investigation or
prosecution of individuals committing any of the offenses under Sections 3,
4, 5 and 6 herein shall be placed under the Witness Protection Program
pursuant to Republic Act. No. 6981.
Sec. 11. Informer's Reward. - Any person who, having knowledge or
information of any offense committed under this Act and who shall disclose
the same which may lead to the arrest and final conviction of the offender,
may be rewarded a certain percentage of the cash money or articles of value
confiscated or forfeited in favor of the government, which shall be determined
through a policy guideline promulgated by the Department of Justice (DOJ)
in coordination with the Department of Interior and Local Government (DILG)
and the National Police Commission (NAPOLCOM).
The DILG, the NAPOLCOM and the DOJ shall provide for a system of
rewards and incentives for law enforcement officers and for local government
official for the effective implementation of this Act.
Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days from
the effectivity of this Act, the DILG, DOJ, NAPOLCOM, and other concerned
government agencies shall jointly promulgate the implementing rules and
regulations, as may be necessary to ensure the efficient and effective
implementation of the provisions of this Act.
Sec. 13. Separability Clause. - If for any reason any section or provision of
this Act, or any portion thereof, or the application of such section, provision
or portion thereof to any person, group or circumstance is declared invalid or
unconstitutional, the remaining provisions of this Act shall not be affected by
such declaration and shall remain in force and effect.
Sec. 14. Amendatory Clause. - The pertinent provisions of Presidential
Decree No. 1602, in so far as they are inconsistent herewith, are hereby
expressly amended or modified accordingly.
Sec. 15. Repealing Clause. - The provisions of other laws, decrees,
executive orders, rules and regulations inconsistent with this Act are hereby
repealed, amended or modified accordingly.
Sec. 16. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.
PRESIDENTIAL DECREE No. 1602
PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING
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.

TO : The Minister of National Defense

The minister of Local Government and
Community Development
The Chief of Staff
Armed Forces of the Philippines
The Chief Constabulary
Director-General, INP
The Chairman
Task Force Anti-Gambling

SUBJECT : To exclude certain prohibited games under

Presidential Decree No. 1602

WHEREAS, it is the intent of the Presidential Decree No. 1602 to

discourage and prohibit gambling not regulated or sanctioned under
existing laws;

WHEREAS, there is need to exclude therefrom certain games like

domino, bingo, poker when not played with five cards stud, cuajo,
pangguingue and mahjong when exclusively intended for parlor
games or for home entertainment;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, do hereby order that the games of domino, bingo, poker
when not played with five cards stud, cuajo, pangguingue and
mahjong, provided that they are played as parlor games or for home
entertainment; and Provided Further, That they are not played in
places habitually used for gambling and the betting is not disguised
to defeat the intent of Presidential Decree No. 1602, are hereby
exempted.

Done in the City of Manila, this 20th day of February, in the year of
Our Lord, nineteen hundred and seventy-nine.