g.
Dog racing, boat racing, car racing
ANTI-GAMBLING LAW
(PD. 1602 as amended by
RA 9287 [ANTI-ILLEGAL
NUMBERS GAMES LAW])
NOTE: Articles 195-199 of the RPC, R.A. 3063
(Horse racing Bookies), P.D. 449 (Cockfighting),
P.D. 483 (Game Fixing), P.D. 510 (Slot Machines)
in relation to OpinionNos. 33 and 97 of the
Ministry of Justice, P.D. 1306 (Jai-Alai Bookies)
and other City and Municipal Ordinances or
gambling which are inconsistent with this
decree are hereby repealed [Sec. 3, PD 1602]
Gambling
Gambling is any game or scheme, whether upon
chance or skill, wherein wagers consisting of
money, articles or value or representative of
value are at stake or made [REYES, Book 2]
ACTS PUNISHED: [TaP-PoM-BaS]
Note: Article 195, which enumerates the acts
punishable, has been wholly repealed by Sec. 1,
PD 1602.
1. Taking part, directly or indirectly, in any
illegal or unauthorized activities or games of:
a. Cockfighting, jueteng, jai alai or horse
racing to include bookie operations and game
fixing, numbers, bingo and other forms of
lotteries;
b. Cara y cruz, pompiang and the like;
c. 7-11 and any game using dice;
d. Black jack, lucky nine, poker and its
derivatives, monte, baccarat, cuajao,
pangguingue and other card games;
e. Paik que, high and low, mahjong,
domino and other games using plastic tiles and
the likes;
f. Slot machines, roulette, pinball and
other mechanical contraptions and devices;
and other forms of races;
h. Basketball, boxing, volleyball,
bowling, pingpong and other forms of individual
or team contests to include game fixing, point
shaving and other machinations;
i. 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. Knowingly Permitting any form of gambling
referred to in the preceding subparagraph to be
carried on in an inhabited or uninhabited place
or in any building, vessel or other means of
transportation owned or controlled by him.
Qualifying Circumstance: If the place where the
illegal 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,
a higher penalty will be imposed [Sec. 1(a)(1),
PD 1602]
3. Possessing any lottery list, paper or other
matter containing letters, figures, signs or
symbols pertaining to or in any manner used in
the mentioned games of lotteries and numbers
which have taken place or about to take place,
knowingly and without lawful purpose in any
hour of any day.
4. Maintaining or conducting above gambling
schemes.
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.
[Sec. 2(i), RA 9287]
Conductor
A person who sets up and furnishes the means
with which to carry on the gambling game or
scheme. [REYES, Book 2]
Qualifying Circumstance: 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, the official
shall be temporarily absolutely disqualified and
higher penalty will be imposed [Sec. 1(c), PD
1602]
5. Failing to abate illegal gambling or take action
in connection therewith by a Barangay official
who has knowledge of the existence of a
gambling house or place in his jurisdiction.
6. 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.
Lottery
It is 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 [U.S. v. Filart, G.R. No.
10263, (1915)]
Elements: [CCP]
1. Consideration;
2. Chance; and
3. Prize or some advantage or inequality in
amount or values which is in the nature of a
prize [Uy v. Palomar, G.R. No. L-23248, (1969)]
No Lottery when there is Full Value of Money
There is no lottery when there is full value for
money and the prize is merely incidental, this is
because the player obtains full value of his
money.

Spectators are Not Liable in Gambling

A mere bystander or spectator in a gambling
game is not criminally liable because he does
not take part therein. [U.S. vs. Palma, G.R. No.
2188, (1905)

Playing for Money is Not an Essential Element

When the law names the games, punishing any
person who take part therein, its purpose is to
prohibit absolutely those games regardless
whether or not money is involved [REYES, Book
2]

Informer’s Reward
Any person who shall disclose information that
will lead to the arrest and final conviction of the
malefactor shall be rewarded 20% of the cash
money or articles of value confiscated or
forfeited. [Sec. 3, PD 1602]