Title Six, Crimes Against Public Morals
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- If you have never been involved in poker games or other forms of gambling, don’t start. Kung hindi pa kayo nasangkot sa mga larong poker o iba pang uri ng sugal, huwag ninyong simulan. Careful, strategic use of rules to achieve one's purposes, as one would use the rules of a game.
- The term “unlawful Internet gambling” means to place, receive, or otherwise knowingly transmit a bet or wager by any means which involves the use, at least in part, of the Internet where such bet or wager is unlawful under any applicable Federal or State law in the State or Tribal lands in which the bet or wager is initiated, received,.
Gambling in the Philippines has been present in the country since at least the sixteenth century. Various legal and illegal forms of gambling are found almost all over the archipelago. The government manages gambling through the Philippine Amusement and Gaming Corporation (PAGCOR) a state-owned enterprise which both operates a number of individual casinos and in turn acts as a regulator to.
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.
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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.
Republic Act 9287 was created as a response by Congress to end the public clamor for tougher laws on illegal number gambling, specifically targeting games such as Jueteng. Gambling laws in the Philippines before this Act did not provide enough of a deterrent or explicit prohibitions against illegal numbers games as loopholes observed in old anti-gambling laws allowed illegal activities such as Jueteng to flourish without much repercussion. Republic Act 9287 was enacted on April 19th, 2004 and considered immediately effective and implemented 60 days after it was signed.
This Act plugged holes left by Presidential Decree No. 1602 which addressed video Karera machines only, the Act increased penalties for those involved in illegal numbers games and made no change to the penalties of those involved in other illegal gambling activities.
This loophole allowed offenders to simply jump ship to another form of illegal gambling. Because of this, RA 9287 made amendments to replace the words “numbers game” with “…[any] other illegal gambling activity devised in order to elude prosecution” to circumvent said issues. RA 9287 not only created harsher penalties for illegal numbers games, it included language to target specific games like Jueteng, Masiao, Last Two, Jai Alai, and more.
Black jack driveway filler and sealer. The Act also amended provisions of Presidential Decree No. 1602 to bring the law to meet modern requirements. Upon the enactment of this anti-illegal gambling law, a memo was sent to provincial governors, and city and municipal mayors informing them of their automatic deputation as representatives of the National Police Commission, or NAPOLCOM, in their jurisdiction.
Each official addressed had been given tasks to participate in ending illegal gambling activities within their jurisdiction and told to enhance and cultivate community involvement in said operators to end illicit gaming.
How Does Republic Act 9287 Affect Casino Gambling in the Philippines?
RA 9287 does not affect legally licensed gambling or domestic casinos within the Philippines unless they are participating in illegal activities. Due to the amended laws created by the enactment of RA 9287 any offenders found playing illegal gambling activities or in possession of illegal gaming devices shall face severe consequences as specified under Sections 3, 5, and 9.
This Act is meant to effectively curb the amount of revenue illegal numbers games take from legitimately licensed sources such as the Small Town Lottery or STLs run by the Philippine Charity Sweepstakes Office (PCSO).
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The Effect of Republic Act 9287 on Philippine Online Casino Gambling
Legally licensed offshore online casinos are not affected by RA 9287 nor do they offer illegal variations of number games on their internet platform. RA 9287 can only affect domestic gambling operations and any persons maintaining said operation who participate in offering illegal numbers games and illegal gambling activities.
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.
Republic Act 9287 was created as a response by Congress to end the public clamor for tougher laws on illegal number gambling, specifically targeting games such as Jueteng. Gambling laws in the Philippines before this Act did not provide enough of a deterrent or explicit prohibitions against illegal numbers games as loopholes observed in old anti-gambling laws allowed illegal activities such as Jueteng to flourish without much repercussion. Republic Act 9287 was enacted on April 19th, 2004 and considered immediately effective and implemented 60 days after it was signed.
This Act plugged holes left by Presidential Decree No. 1602 which addressed video Karera machines only, the Act increased penalties for those involved in illegal numbers games and made no change to the penalties of those involved in other illegal gambling activities.
This loophole allowed offenders to simply jump ship to another form of illegal gambling. Because of this, RA 9287 made amendments to replace the words “numbers game” with “…[any] other illegal gambling activity devised in order to elude prosecution” to circumvent said issues. RA 9287 not only created harsher penalties for illegal numbers games, it included language to target specific games like Jueteng, Masiao, Last Two, Jai Alai, and more.
Black jack driveway filler and sealer. The Act also amended provisions of Presidential Decree No. 1602 to bring the law to meet modern requirements. Upon the enactment of this anti-illegal gambling law, a memo was sent to provincial governors, and city and municipal mayors informing them of their automatic deputation as representatives of the National Police Commission, or NAPOLCOM, in their jurisdiction.
Each official addressed had been given tasks to participate in ending illegal gambling activities within their jurisdiction and told to enhance and cultivate community involvement in said operators to end illicit gaming.
How Does Republic Act 9287 Affect Casino Gambling in the Philippines?
RA 9287 does not affect legally licensed gambling or domestic casinos within the Philippines unless they are participating in illegal activities. Due to the amended laws created by the enactment of RA 9287 any offenders found playing illegal gambling activities or in possession of illegal gaming devices shall face severe consequences as specified under Sections 3, 5, and 9.
This Act is meant to effectively curb the amount of revenue illegal numbers games take from legitimately licensed sources such as the Small Town Lottery or STLs run by the Philippine Charity Sweepstakes Office (PCSO).
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The Effect of Republic Act 9287 on Philippine Online Casino Gambling
Legally licensed offshore online casinos are not affected by RA 9287 nor do they offer illegal variations of number games on their internet platform. RA 9287 can only affect domestic gambling operations and any persons maintaining said operation who participate in offering illegal numbers games and illegal gambling activities.
Those internationally-based online operators who hold authorized licenses from external and offshore jurisdictions, comply with fair gaming practices, and operating standards have no need to worry about the effect of RA 9287 on their operations. Punters are permitted to still access legal offshore Philippine online casinos to enjoy a wide range of games such as keno, scratch-offs, slots, roulette, and more.
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Outcome
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RA 9287 has made amazing strides in properly punishing those who are engaged in illegal gambling activities, specifically illegal numbers games. Illegal numbers bookkeepers and operators in small provinces and towns are facing the crackdown on illegal gambling from their local authorities due to RA 9287.
Certain territories have agencies routinely busting new gaming establishments as reports emerged of illegal betting stations which were permanently closed, offenders were dealt with for violating PD No. 1602 and RA 9287. These new implementations and actions against illegal gambling have satisfied overseeing jurisdictions such as PAGCOR and the AMLC.
