AGOSILA, MAUREEN THERESE G.

2004003916

LOCAL GOVERNMENT AND ENFORCEMENT

ANTI-GAMBLING LAWS
(DR. ALEJANDRINO)

1. How did local government and anti-gambling law in the Philippines

evolve?

Prior to the colonization of the Spaniards, Filipinos already lived in

small independent villages called the barangay which was ruled by a
datu. Later, during the Martial law years, the government was
centralized through the creation of the Pambansang Katipunan ng mga
Punong Bayan sa Pilipinas in 1976, putting the local governments under
the effective control of President Marcos.

In 1987, President Corazon Aquino issued Executive Order No. 262

which reorganized the Department of Local Government, and mandated
the formation of the Leagues of Provinces, Cities and Municipalities of
the Philippines (LCMP). Through the 1987 Constitution, the local
governments were encouraged to pursue for local autonomy as it
contained provisions assuring autonomy.

In 1991, the Local Government Code was enacted to address the

problem of overcentralized political and administrative system that
concentrated the most significant decisions and development in Metro
Manila. It seeks to expand the powers and responsibilities of local
governments.

Prior to the colonization of the Spaniards, gambling was already

existing in the Philippines. However, during the Spanish colonial
period, gambling became more rampant in the form of cockpits, card
parlors, and billiard halls. Then, lotteries, horseracing, and casinos were
introduced.

After the colonial period, the Philippine government had to take action
in regulating the gambling activities in the country. Hence, the
Philippine Amusement and Gaming Corporation (PAGCOR) was
created by the government to regulate the gaming casinos that existed at
 the time. All games of chance were regulated and centralized under
exiting franchises since its creation. Moreover, the Philippine Charity
Sweepstakes Office (PCSO) was created to organize and conduct
number games in the form of sweepstakes and lottery games, with the
ultimate goal of raising funds for health and welfare-related programs
in the country.

2. Is there a need for local governments?

Yes, there is a need for local governments. Dividing the Philippines into
smaller units made the governance more effective and efficient because
each local government unit is sovereign and has its own rights,
responsibilities, and duties, although each local unit is also subservient
to the respective higher governmental authority. For instance, a
barangay is under the municipality/city which is under the
province/region which is under the national government.

Moreover, local governments control over many of the basic social

services. It has the power to pass and enforce its own ordinances, laws,
and regulations, as well as impose taxes to generate income.

3. What are the various anti-gambling laws in the Philippines? To what

LGU’s (local government units) do these laws given to be enforced?
How are these laws implemented?

The following are the anti-gambling laws in the Philippines:

 PD No. 1067-A, created the Philippine Amusement and Gaming
Corporation (PAGCOR) and defines legal gambling in the
Philippines;
 PD 1602, creates harsher penalties for illegal gambling activities,
and the wagering on games without proper license;
 PD 1869, the charter of the Philippine Amusement and Gaming
Corporation (PAGCOR) of how to properly regulate the gambling
industry. It gives guidelines for PAGCOR to follow to authorize,
license, and regulate all games of chance within the Philippines
while laying out the legal framework for corporations to obtaining
licenses;
 PD 449, “Cockfighting Law of 1974”, cockfighting shall be allowed
only in licensed cockpits during Sundays and legal holidays and
during local fiestas for not more than three days;
 RA 7922, established a special economic zone in the Cagayan
Valley to be known as the Cagayan Economic Zone while
including neighboring islands and the city of Freeport;
 RA 9287, increases the penalty for illegal numbers games and its
implementing rules;
 E.O. No. 13, defines illegal gambling as any activity not authorized
by an operator’s licensing authority. Its purpose is to combat
illegal number game operators in an effort to endorse state-run
lottery services. Section 3 reinforces the policy of not allowing
Filipino players access to Philippine licensed online casinos and
sportsbooks. Outside players are targeted by Filipino online
casinos while Philippine players are still allowed to play offshore
legally sanctioned online casinos and sportsbooks;
 RA 10927, requires for casino owners to implement risk
management policies and to keep records for their players for at
least 5 years;

Anti-gambling laws are enforced by the local government units by

coordinating with the Philippine National Police, NBI, and the
barangay tanods.

The Sangguniang Bayan, Panglusod, and Panglalawigan enact

ordinances intended to prevent, suppress, and impose appropriate
penalties for gambling and other prohibited games of chance.

The governor and/or city or municipal mayor direct the barangay

chairmen, in cooperation with the Chief of Police in its jurisdiction, to
conduct anti-illegal gambling operations through PNP’s
“simultaneous anti-criminality law enforcement operation”
(SACLEO)―the successor of the infamous “one-time, big-time
operation” (OTBT), or in some cases with the National Bureau of
Investigation (NBI).

However, illegal gambling is difficult to eradicate because

sometimes, the illegal gambling activities within the barangay are
protected or operated by the barangay officials or police officers
themselves. Moreover, while illegal gamblers are lawfully arrested,
they may easily pay the bail for their temporary liberty considering
that violation of PD 1602 or RA 9287 is a bailable offense, the
maximum penalty of which is reclusion temporal. Thereafter, they
 may just plead guilty to the offense charged or to a lower offense
during arraignment and pay the small amount of fine then apply for
probation.

4. How did the local government code converge with the anti-gambling
laws?

The local government code converged with the anti-gambling laws by

giving the local government units the power to regulate gambling and
enforce the anti-gambling laws within its jurisdiction. The local
government code likewise allows the LGUs to create income through
legal gambling.

5. With the decentralized structure of our local governments, how did

the latter respond to the SARS pandemic?

The local government responded to the SARS pandemic by enforcing

the safety protocols within its jurisdiction, and distributing the goods
and administering the vaccines to its constituents. Moreover, it
contained the movement of people in order to prevent the spread of the
virus.

However, local governments were faced with challenges in rendering

their duty due to lack of manpower and budget.