Title Six, Crimes Against Public Morals
GAMBLING AND LOTTERY
A. Introduction
The law on gambling exemplifies the adage that what is legal is not necessarily moral. Although gambling is under the title Crimes Against Morals, the law on gambling does not take morality into consideration. It does not punish gambling per se because they adversely affect public morals, but that it punishes are gambling games which are not covered by a franchise or permit from the government.
B. The applicable laws are:
(1) Presidential Decree No.1602 : (Simplifying and Providing Stiffer Penalties for Violations of Gambling Laws) and (2). R.A. No. 9287 ( An Act Increasing the Penalties for Illegal Numbers Games, Amending Certain provisions of P.D. 1602 and for Other Purposes).
C. Meaning and coverage of Gambling :
1. Gambling games refer to any game or scheme whether upon chance or skill, wherein wagers consisting of money, articles or vale or representatives of value, are made.
2. It is the fact that bets are made which makes the game a gambling game. The game may be decided purely on chance, purely on skill, or both.
It becomes illegal and therefore prohibited if it is not authorized by a franchise.
3. However parlor games are exempted such as those during wakes , unless it clearly appears that the wake is unnecessarily prolonged as to be a cover excuse to conduct illegal gambling
D. Basis for Liability:
A mere spectator is not liable. An accused must participate in an illegal gambling game in any of the following manner:
1. Participating as a bettor
2. Acting as a personnel or staff: such as being the guard or look-out; usher, cook, washer or entertainer
3. Allowing one’s vehicle, house, building, or land, to be used in the operation of an illegal gambling game
4. Acting as a collector or agent
5. Acting as coordinator, controller or supervisor
6. Acting as a maintainer, manager, operator
7. Acting as a financier or capitalist
8. Acting as a protector coddler
9. Possession of Gambling paraphernalia or materials
10. Failing to abate or to take action or tolerating, by a public official, of a gambling game within his jurisdiction
11. Any parent, Guardian, or persons exercising moral authority or ascendancy over a minor, ward or incapacitated person who induces or causes the latter to participate in an illegal numbers game
E. Penalties:
If the foregoing pertains to any numbers game the penalties are specifically those provided for in R.A. 8287
F. Lottery:
A form of gambling whereby prizes are distributed among persons who have paid, or agreed to pay, a valuable consideration for the chance to obtain a prize. It requires (i) a consideration (ii) chance or hazard and (iii) prize. Examples are raffle games.
1. Question:
When are promo sales or advertising schemes considered lottery/gambling? ( This refers to the practice of advertising goods for sale offering the purchasers a chance to win a prize by giving them coupons to be drawn later )
Answer: The scheme is considered a lottery or gambling if : (1) the public pays more than the price of the article because the excess is used to defray or cover the cost of the prize or (2) the article is not saleable without the prize and it becomes saleable only because of the prize.
