Title Six, Crimes Against Public Morals
2. It is the fact that bets are made which makes the game a
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.
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 ones 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.