Common Prohibited Vices In: Philippines

COMMON
PROHIBITED
VICES IN
VICE AND DRUG EDUCATION CONTROL | JULES MAIRO
Apart from the crimes penalized in the Revised
Penal Code, several other pieces of criminal
legislation have been passed, penalizing acts such
as illegal possession and trafficking of dangerous
drugs, money laundering, and illegal possession of
firearms. These laws are called “Special Penal
Laws” and they form part of Philippine Criminal
Laws. There are certain differences between crimes
punished under the Revised Penal Code and Special
Penal Laws. VICE AND DRUG EDUCATION CONTROL | JULES MAIRO
Violations of the crimes listed in the Revised Penal
Code are referred to as mala in se, which literally means,
that the act is inherently evil or bad or wrongful in itself.
On the other hand, violations of Special Penal Laws are
generally referred to as malum prohibitum or an act
that is wrong because it is prohibited. Thus, no criminal
intent is needed in order to find a person liable for
crimes punished under Special Penal Laws. As long as
the act is committed, then it is punishable as a crime
under law.
Note, however, that not all violations
of Special Penal Laws are mala
prohibita. While intentional felonies
are always mala in se, it does not
follow that prohibited acts done in
violation of special laws are always
mala prohibita.
There are some important distinctions between
crimes punishable under the Revised Penal Code and
Special Penal Laws. One of them is that in crimes
punished under the Revised Penal Code, the moral trait
of the offender is considered. This is why liability would
only arise when there is criminal intent or negligence in
the commission of the punishable act. In crimes
punished under Special Penal Laws, the moral trait of
the offender is not considered; it is enough that the
prohibited act was voluntarily done.
LIQUORS & ALCOHOL

PRESIDENTIAL DECREE No. 1619
Penalizing the use or possession or the
unauthorized sale to minors of volatile
substances for the purpose of inducing
intoxication or in any manner changing,
distorting or disturbing the auditory,
visual or mental process.
PRESIDENTIAL DECREE No. 1619
Sec. 6. The sale of, and offer to sell, to minors
of liquors or beverages containing an alcoholic
content of thirty per centum or above (60
proof or above) is hereby prohibited and shall
be punishable by imprisonment ranging from
six months and one day to four years and a fine
ranging from six hundred to four thousand
pesos. VICE AND DRUG EDUCATION CONTROL | JULES MAIRO
HB 1753, also known as Anti-Underage Drinking Act of 2022
Lawmakers have sought to increase the legal drinking
age to 21 from 18 and ban persons with disabilities from
buying alcohol.
HB 1753 refers “unqualified individuals” to persons
under 21 years of age, or those 21 years old but are
unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability
or condition. VICE AND DRUG EDUCATION CONTROL | JULES MAIRO
Republic Act 10586, otherwise known as The Anti-Drunk and
Drugged Driving Act of 2013
Section 5. Punishable Act. – It shall be unlawful for any

person to drive a motor vehicle while under the
influence of alcohol, dangerous drugs and/or other
similar substances.

Section 6. Conduct of Field Sobriety, Chemical and
Confirmatory Tests. – A law enforcement officer who has
probable cause to believe that a person is driving under the
influence of alcohol, dangerous drugs and/or other similar
substances by apparent indications and manifestations,
including overspeeding, weaving, lane straddling, sudden
stops, swerving, poor coordination or the evident smell of
alcohol in a person’s breath or signs of use of dangerous drugs
and other similar substances, shall conduct field sobriety tests.
If the driver fails in the sobriety tests, it shall
be the duty of the law enforcement officer to
implement the mandatory determination of
the driver’s blood alcohol concentration level
through the use of a breath analyzer or similar
measuring instrument.
If the law enforcement officer has probable cause to
believe that a person is driving under the influence of
dangerous drugs and/or other similar substances, it shall
be the duty of the law enforcement officer to bring the
driver to the nearest police station to be subjected to a
drug screening test and, if necessary, a drug
confirmatory test as mandated under Republic Act No.
9165. VICE AND DRUG EDUCATION CONTROL | JULES MAIRO
Law enforcement officers and

deputized local traffic
enforcement officers shall be
responsible in implementing this
section. VICE AND DRUG EDUCATION CONTROL | JULES MAIRO
R.A. 9165 in relation to R.A. 10586
Section 3. Definitions
(a) Administer. – Any act of introducing any dangerous
drug into the body of any person, with or without
his/her knowledge, by injection, inhalation, ingestion or
other means, or of committing any act of indispensable
assistance to a person in administering a dangerous drug
to himself/herself unless administered by a duly licensed
practitioner for purposes of medication.
Section 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of life imprisonment
to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another, distribute dispatch
in transit or transport any dangerous drug, including any and all
species of opium poppy regardless of the quantity and purity involved,
or shall act as a broker in any of such transactions.
Section 15. Use of Dangerous Drugs. – A

person apprehended or arrested, who is found
to be positive for use of any dangerous drug,
after a confirmatory test, shall be imposed a
penalty of a minimum of six (6) months
rehabilitation in a government center for the
first offense, subject to the provisions of
Article VIII of this Act.
If apprehended using any dangerous drug for the second
time, he/she shall suffer the penalty of imprisonment ranging
from six (6) years and one (1) day to twelve (12) years and a
fine ranging from Fifty thousand pesos (P50,000.00) to Two
hundred thousand pesos (P200,000.00): Provided, That this
Section shall not be applicable where the person tested is also
found to have in his/her possession such quantity of any
dangerous drug provided for under Section 11 of this Act, in
which case the provisions stated therein shall apply.
Section 8. Refusal to Subject Oneself to Mandatory
Tests. – A driver of a motor vehicle who refuses to
undergo the mandatory field sobriety and drug
tests under Sections 6, 7 and 15 of this Act shall be
penalized by the confiscation and automatic
revocation of his or her driver’s license, in addition
to other penalties provided herein and/or other
pertinent laws. VICE AND DRUG EDUCATION CONTROL | JULES MAIRO
Section 15. Nationwide Random Terminal

Inspection and Quick Random Drug Tests.
– The LTO shall conduct random terminal
inspections and quick random drug tests
of public utility drivers. The cost of such
tests shall be defrayed by the LTO.
Section 12. Penalties. – A driver found to

have been driving a motor vehicle while
under the influence of alcohol, dangerous
drugs and/or other similar substances, as
provided for under Section 5 of this Act,
shall be penalized as follows:
Section 12. Penalties. – A driver found to have been driving a
motor vehicle while under the influence of alcohol, dangerous
drugs and(a) If the violation of Section 5 did not result in
physical injuries or homicide, the penalty of three (3) months
imprisonment, and a fine ranging from Twenty thousand pesos
(Php20,000.00) to Eighty thousand pesos (Php80,000.00) shall
be imposed;/or other similar substances, as provided for under
Section 5 of this Act, shall be penalized as follows:
(b) If the violation of Section 5 resulted in physical
injuries, the penalty provided in Article 263 of the
Revised Penal Code or the penalty provided in the
next preceding subparagraph, whichever is higher,
and a fine ranging from One hundred thousand
pesos (Php100,000.00) to Two hundred thousand
pesos (Php200,000.00) shall be imposed;
(c) If the violation of Section 5 resulted in
homicide, the penalty provided in Article 249
of the Revised Penal Code and a fine ranging
from Three hundred thousand pesos
(Php300,000.00) to Five hundred thousand
pesos (Php500,000.00) shall be imposed; and
(d) The nonprofessional driver’s license of any person found to
have violated Section 5 of this Act shall also be confiscated and
suspended for a period of twelve (12) months for the first
conviction and perpetually revoked for the second conviction.
The professional driver’s license of any person found to have
violated Section 5 of this Act shall also be confiscated and
perpetually revoked for the first conviction. The perpetual
revocation of a driver’s license shall disqualify the person from
being granted any kind of driver’s license thereafter.
The prosecution for any violation of this

Act shall be without prejudice to criminal
prosecution for violation of the Revised
Penal Code, Republic Act No. 9165 and
other special laws and existing local
ordinances, whenever applicable.
SMOKING
Republic Act No. 9211, also known as the Tobacco Regulation
Act of 2003
SECTION 4. Definition of Terms.—As used in this Act:
m. “Public Conveyances”—refer to modes of transportation servicing
the general population, such as, but not limited to, elevators,
airplanes, buses, taxicabs, ships, jeepneys, light rail transits, tricycles,
and similar vehicles;
n. “Public Places”—refer to enclosed or confined areas of all hospitals,
medical clinics, schools, public transportation terminals and offices,
and buildings such as private and public offices, recreational places,
shopping malls, movie houses, hotels, restaurants, and the like;
Act of 2003
SECTION 5. Smoking Ban in

Public Places.—Smoking shall
be absolutely prohibited in the
following public places:
Act of 2003
a. Centers of youth activity such as

playschools, preparatory schools,
elementary schools, high schools, colleges
and universities, youth hostels and
recreational facilities for persons under
eighteen (18) years old;
Act of 2003
b. Elevators and stairwells;

c. Locations in which fire hazards are
present, including gas stations and
storage areas for flammable liquids, gas,
explosives or combustible materials;
Act of 2003
d. Within the buildings and premises of

public and private hospitals, medical,
dental, and optical clinics, health centers,
nursing homes, dispensaries and
laboratories;
Act of 2003
e. Public conveyances and public facilities

including airport and ship terminals and
train and bus stations, restaurants and
conference halls, except for separate
smoking areas; and
f. Food preparation areas.
Act of 2003
SECTION 9. Minimum Age Sales.—Under this Act, it shall be unlawful:
a. For any retailer of tobacco products to sell or distribute tobacco
products to any minor;
b. For any person to purchase cigarettes or tobacco products from a
minor;
c. For a minor to sell or buy cigarettes or any tobacco product; and
d. For a minor to smoke cigarettes or any other tobacco products.

Act of 2003
It shall not be a defense for the person selling or
distributing that he/she did not know or was not
aware of the real age of the minor. Neither shall it
be a defense that he/she did not know nor had any
reason to believe that the cigarette or any other
tobacco product was for the consumption of the
minor to whom it was sold.
Act of 2003
SECTION 12. Proof of Age Verification.—In case
of doubt as to the age of the buyer, retailers
shall verify, by means of any valid form of
photographic identification containing the date
of birth of the bearer, that no individual
purchasing a tobacco product is below
eighteen (18) years of age.
Act of 2003
SECTION 32. Penalties.—

The following penalties
shall apply:
OTHER ANTI-SMOKING CAMPAIGN/LAWS
Public smoking restrictions are further regulated by

two circulars: (1) Land Transportation Franchising and
Regulatory Board of the Department of Transportation
and Communications Memo, Circular No. 2009-036
(regarding smoking in public utility vehicles and land
transportation terminals) and (2) Civil Service
Commission Memo, Circular No. 17, s. 2009 (regarding
smoking in all areas of government premises, buildings,
and grounds). VICE AND DRUG EDUCATION CONTROL | JULES MAIRO
Executive Order No. 26 of 2017 imposes

strict standards for designated smoking areas
(DSAs), imposes duties on persons in charge of
public places, prohibits advertising outside
point of sale retail establishments, and
addresses some other sales and advertising
restrictions.
The Graphic Health Warnings Law, Republic Act No.
10643 and the Implementing Rules and Regulations of
RA 10643 regulate the packaging and labeling of tobacco
products. Department of Health Administrative Order
No. 2014-0037, as amended by Department of Health
Administrative Order No. 2014-0037-A, establishes the
templates of the first set of required graphic health
warnings. The second set is contained in Administrative
Order No. 2014-0037-B. The third set is contained in
Administrative Order No. 2019-0009.
In 2020, FDA obtained jurisdiction to regulate
e-cigarettes under Republic Act No. 11467.
Also in 2020, a Joint Memorandum Circular No.
003-2020 was issued by the Department of
Finance, Department of Health, Department of
Budget and Management, Bureau of Internal
Revenue, and the Philippine Health Insurance
Corporation. VICE AND DRUG EDUCATION CONTROL | JULES MAIRO
It regulates issues such as minimum sales age, prohibitions on
flavorings, health warnings, and responsibilities of government
agencies. FDA has issued several measures to regulate e-cigarettes
including, Administrative Order No. 2020-0055 (Regulation on Vapor
Products and Heated Tobacco Products), Administrative Order No.
2021-0054, which contains the first set of pictorial health warnings
required to appear on the packaging of e-cigarettes and heated
tobacco products beginning in May 2022 for manufacturers and
importers and July 2022 for retailers, and Administrative Order No.
2021-0051, which provides guidelines on graphic health warnings
required to appear on the packaging of e-cigarettes.
GAMBLING
GAMBLING
Philippine gambling laws were initially set up
to govern the casinos and protect the players.
The government established the Philippine
Amusement and Gaming Corporation
(PAGCOR) –PD 1067 to regulate and license the
industry and disburse the revenue obtained
from these sources to other governmental
branches. VICE AND DRUG EDUCATION CONTROL | JULES MAIRO
PRESIDENTIAL DECREE NO. 1602
PD 1602 is a law that was passed by

the Philippine government to simplify
and provide tougher penalties for
illegal gambling activities or violations
of Philippine gambling laws.
Section 1 of PD 1602 outlines the violations and
penalties for anyone caught directly or indirectly
taking part of illegal game wagering. In its medium
degree, a person caught faces a fine from 500
pesos to 2,000 pesos while a re-offender can face a
fine of 1,000 pesos to 6,000 pesos. Illegal games,
illegal bookie operations and game fixing schemes
in any of the following games or similar operations
are considered illegal and punishable by this law.
Games include: blackjack, lucky nine, Russian
poker, monte, baccarat, other card games, palk
que, domino, high and low, slot machines, roulette,
pinball, dog racing, boat racing, car racing,
basketball, volleyball, soccer, boxing, seven-eleven
dice games, game fixing, point shaving, and any
other game scheme consisting of money being
wagered without a franchise from the national
government. VICE AND DRUG EDUCATION CONTROL | JULES MAIRO
Anyone who knowingly allows any of these
illegal operations to take place in any building,
place, vessel, or transportation owned or
controlled by them will face the maximum
punishment and a fine of 6,000 pesos. A prison
sentence and a fine of 6,000 pesos will be
imposed upon a conductor or upon the
maintainer of the gambling scheme.
A medium-degree penalty of prison mayor,
temporary absolute disqualification, and a fine
of 6,000 pesos will be levied if the conductor,
banker or maintainer is a government
employee. The same goes for any player,
promoter, referee, umpire, judge, or coach that
participates in game fixing, point shaving, or a
similar scheme. VICE AND DRUG EDUCATION CONTROL | JULES MAIRO
Illegal game organizers, maintainers, or conductors
who without lawful purpose are caught in
possession of any lottery list, paper or other matter
containing letters, figures, signs, or numbers which
pertain to any game of jueteng, jai-alai, horse
racing bookies or similar game or lottery will face a
penalty of prison correctional and a fine of up to
2,000 pesos.
OTHER ANTI-GAMBLING LAWS
In 2017, the Executive Order (No. 13) was
written into law to strengthen the fight against
illegal gambling. Section 3 of this order is the
classification of online gambling and where
they stated it is legal for Filipino residents to
participate in regulated offshore sites but
illegal for domestic operators to offer online
gambling to Filipino residents.
Is Online Gambling Legal In The Philippines?
Yes, there are no Filipino laws that state that it is illegal for residents
to gamble online. The one exception is that Filipino-based casinos and
sportsbooks are not allowed to offer their online services to residents
of the Philippines, but Filipino players are given free access to partake
in Philippine legal online poker, Philippine legal online casinos,
Philippine legal horse betting, and Philippine legal online sports betting
sites as long as the destinations are regulated and licensed by their
local regulatory agencies or gaming commissions. All the gambling laws
in force on the islands are directed towards the casino operators
instead of the players.
House Bill 8910 is a bill that aims

to regulate e-sabong and online
cockfighting throughout the
Philippines. It also enhances
several functions of the Games
and Amusement Board.
195-199 Republic Act 3063 (Horse Racing
Bookies), Presidential Decree 499
(Cockfighting), Presidential Decree No.
483 (Game Fixing), Presidential Decree
No. 519 (Slot Machines), Presidential
Decree No. 1036 (Jai Alai Bookies), and
other ordinances VICE AND DRUG EDUCATION CONTROL | JULES MAIRO
END
Kindly check the notes in every
slides, especially the penalties
imposed for every laws discussed.

Common Prohibited Vices In: Philippines

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COMMON

VICE AND DRUG EDUCATION CONTROL | JULES MAIRO

Section 5. Punishable Act. – It shall be unlawful for any

VICE AND DRUG EDUCATION CONTROL | JULES MAIRO

Law enforcement officers and

Section 15. Use of Dangerous Drugs. – A

Section 15. Nationwide Random Terminal

Section 12. Penalties. – A driver found to

The prosecution for any violation of this

SECTION 5. Smoking Ban in

a. Centers of youth activity such as

b. Elevators and stairwells;

d. Within the buildings and premises of

e. Public conveyances and public facilities

VICE AND DRUG EDUCATION CONTROL | JULES MAIRO

SECTION 32. Penalties.—

Public smoking restrictions are further regulated by

Executive Order No. 26 of 2017 imposes

PD 1602 is a law that was passed by

House Bill 8910 is a bill that aims

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