The Anti-Illegal Gambling Ordinance of Barangay Poblacion Page 1 of 9

Republic of the Philippines

BARANGAY POBLACION
Municipality of Lingayen

BARANGAY ORDINANCE NUMBERED 013

(Series of 2015)

A PROPOSED BARANGAY ORDINANCE REGULATING ALL FORMS OF ILLEGAL

GAMBLING, PROVIDING PROTECTION OF MINORS FROM SUCH PRACTICES,
IMPOSING CHARGES ON VIOLATIONS AND ESTABLISING AN ANTI-ILLEGAL
GAMBLING TASK FORCE

Explanatory Note

WHEREAS, illegal gambling practices are stated in the Articles 195 to 199 of The
Revised Penal Code and other laws such as Presidential Decree No. 1602 (Prescribing Stiffer
Penalties on Illegal Gambling which modified Article 195 to 199 of the Revised Penal Code and
repealed inconsistent provisions) and Republic Act. 9827 (Increasing the Penalties for Illegal
Number Games, Amending Certain Provisions of Presidential Decree No. 1602, and For Other
Purposes);

WHEREAS, Section 13 of Article 2 of the 1987 Philippine Constitution provides that the
state shall recognize the vital role of the youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and social well-being;

WHEREAS, Section 391 of Republic Act 7160, otherwise known as the Local
Government Code of 1991, states that the Sangguniang Barangay shall enact ordinances as may
be necessary to promote the general welfare of its inhabitants and shall provide for the proper
development of the children in the barangay by promoting and supporting activities for the
protection and total development of children;

WHEREAS, gambling practices bring harmful effects to its consumers and their
community. Such acts can be sources of crimes, result into addiction, ruin personal and
interpersonal relationships and harm physical health of individuals. These acts could also affect
minors by associating, harming or exploiting them to such;

WHEREAS, the Sangguniang Barangay of Poblacion is committed to uplift the socio-

economic well-being of its residents and maintain and provide protection of the minors in the
barangay;

WHEREAS, in order to stop illegal gambling practices in the community, to ensure the
general welfare of its residents, particularly the minors; the need for regulating all forms of
illegal gambling, imposing charges on such acts and establishment of a Barangay Anti-Illegal
Gambling Task Force are provided in this ordinance;
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BE IT ENACTED BY THE SANGGUNIANG BARANGAY OF POBLACION IN

SESSION ASSEMBLED, THAT:

ARTICLE I
PRELIMINARY PROVISIONS

Section 1. Title of the Ordinance. This ordinance shall be known as the Anti-Illegal Gambling
Ordinance of Barangay Poblacion.

Section 2. Objectives. The objectives of this ordinance are as follows:

a.) To regulate illegal gambling practices and businesses for the general welfare of the
people of Barangay Poblacion;
b.) To prevent gambling from becoming a source of crimes and disorders in the
community;
c.) To protect minors from illegal gambling and to avoid them from being associated,
harmed or exploited from such activities;
d.) To prevent illegal gambling practices and businesses from affecting relationships in
the community; and to help maintain and stabilize such relationships;
e.) To promote and maintain peace and security in the barangay; and
f.) To promote and secure the character and morals of the people of Barangay Poblacion.

Section 3. Definition of Terms. When used in this ordinance, the following terms shall mean as
follows:
Illegal. refers to anything contrary to law.
Gambling. refers to a series of activities of gaming and betting.
Practices. refer to any activities related to gambling.
Minor. refers to persons below eighteen (18) years of age and 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.
Business establishments. refer to places where business is conducted, goods are made
or stored or processed or where services are rendered.
Bingo. refers to a lottery game where a card with grids is being used on which five
numbers that are covered in a row in any direction constitute a win.
Lottery. refers to a game whose outcome is determined by chance.
Cockfighting. refers to a contest in which gamecocks usually fitted with metal spurs are
pitted against each other.
Jueteng. refers to an illegal numbers game that involves the combination of thirty-seven
(37) numbers against thirty-seven (37) numbers from number one (1) to thirty seven (37)
or the combination of thirty-eight (38) numbers in some areas, serving as a form of local
lottery where bets are placed and accepted per combination, and its variants.
Jai alai. refers to a court game somewhat like handball played usually by two or four
players with a ball and a long curved wicker basket strapped to the wrist
Cara y cruz. refers to a toss coin game
Lucky nine. refers to a card game with an object of reaching a count of nine
Poker. refers to a card game in which players bet on the value of their cards
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Monte. refers to a card game in which players select any two of four cards turned face
up in a layout and bet that one of them will be matched before the other as cards are dealt
one at a time from the pack
Masiao. refers to a numbers game where the winning combination is derived from the
results of the last game of Jai Alai or the Special Llave portion or any result thereof based
on any fictitious Jai Alai game consisting of ten (10) players pitted against one another,
and its variants.
Last Two. refers to a numbers game where the winning combination is derived from the
last two (2) numbers of the first prize of the winning Sweepstakes ticket which comes out
during the weekly draw of the Philippine Charity Sweepstakes Office (PCSO), and its
variants.
Mahjong. refers to a game wherein players pick up pieces of plastic tiles to build a
winning combination of pieces.
Domino. refers to a game played with rectangular tiles.
Slot machine. refers to a gaming machine that generates random combinations of
symbols on a dial, certain combinations winning varying amounts of money for the
player.
Pin ball. refers to a game in which small metal balls are shot across a sloping board and
score points by striking various targets.
Bookie operations. refer to processes by which persons receive or negotiate bets on a
fixed basis.
Game fixing. refers to a practice of dishonestly determining the outcome of a match
before it is played.
Banking. refers to a process in which bets are laid against the gambling house or
banking game.
Articles of value. refers to anything that has material value (land, house, jewelries,
e.g.).
Collector or agent (Cobrador). refers to any person who collects, solicits or produces
bets in behalf of his/her principal for any illegal numbers game who is usually in
possession of gambling paraphernalia.
Coordinator, controller or supervisor (Encargado). refers to any person who exercises
control and supervision over the collector or agent.
Maintainer, manager or operator. refers to any person who maintains, manages or
operates any illegal number game in a specific area from whom the coordinator,
controller or supervisor, and collector or agent take orders.
Financier or capitalist. refers to any person who finances the operations of any illegal
numbers game.
Protector or coddler. refers to any person who lends or provides protection, or receives
benefits in any manner in the operation of any illegal numbers game.
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ARTICLE II
SCOPE AND COVERAGE

This ordinance shall apply to all persons residing in Barangay Poblacion of the
Municipality of Lingayen, including all tourists or visitors, all business establishments, whether
big or small, within the jurisdiction of the barangay.

ARTICLE III
SOURCES OF FUND

The fund for the implementation of the enforcement of this ordinance shall be taken
mainly from the annual budget of the Sangguniang Barangay of Poblacion. Fines that will be
collected form violations of this ordinance shall be added to the fund. The Sangguniang
Barangay may also accept donations in cash or kind from any local or foreign organizations as
well as from the citizens of Barangay Poblacion in order to ensure that the objectives of this
ordinance shall be carried out effectively.

ARTICLE IV
IMPLEMENTING AGENCY AND PERSONNEL

Section 1. Creation of the Anti-Illegal Gambling Task Force. A functional Barangay Anti-
Illegal Gambling Task Force shall be organized and established for the implementation of
this ordinance. It shall possess the authority to implement measures against illegal
gambling practices in Barangay Poblacion.

*The Punong Barangay shall call a meeting to be attended by the citizens of Barangay
Poblacion for the establishment of the task force as well as to inform the citizens about
the provisions provided in this ordinance.

Section 2. Composition. The task force shall be composed of the following:

Chairman Punong Barangay
Vice Chairman First Barangay Kagawad
Public Information Officer Second Barangay Kagawad
Secretary Barangay Secretary
Treasurer Barangay Treasurer
Members Other Barangay Kagawads
Barangay Peace and Security Officers (BPSO) consisting of 21 Barangay Tanods
Philippine National Police (PNP) Officers
School Heads 15 School Heads coming from the different public and private
schools in Barangay Poblacion
Barangay Volunteers
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Section 3. Functions. The Anti-Illegal Gambling Task Force shall have the authority in
implementation of this ordinance and shall exercise any and all of the following specific
powers and functions:
a.) To implement and enforce the rules and regulations of this ordinance;
b.) To investigate illegal gambling cases; and
c.) To conduct inspections, public information and dissemination campaigns for the
implementation of this ordinance.

Section 4. Powers and Functions of the Members of the Task Force. The officers and
members shall be charged and invested with the following powers and functions:

A. Chairman being the head of the entire group, shall exercise overall administration of all
personnel mentioned in this ordinance. He shall:
(1) Supervise the investigation of cases and functions and responsibilities of the task force;
(2) Direct all operations of the task force;
(3) Serve as the overall coordinator among all individuals involved in the implementation of
this ordinance;
(4) Establish procedures for the effective operation of the task force;
(5) Review the reports of the secretary to evaluate the effectiveness of the task force;
(6) Preside during meetings; and
(7) Encourage the constituents of Barangay Poblacion to assist in the implementation and
report violations of the ordinance.

B. The Vice Chairman shall:

(1) Assist the Chairman in the supervision of the activities of the task force and reviewing of
the reports made by the secretary; and
(2) Take in the responsibilities and functions of the Chairman during his or her absences.

C. The Public Information Officer shall:

(1) Print copies of this ordinance for the distribution to the public;
(2) Make a primer summarizing the provisions of this ordinance;
(3) Publicize activities related to the implementation and enforcement of this ordinance; and
(4) Assist in promoting awareness of this ordinance and in encouraging public support and
participation in its implementation and enforcement.

D. The Secretary shall:

(1) Take charge of the recording and documentation of all events in the implementation of
the ordinance;
(2) Oversee the preparation of the minutes of the meeting, agenda, and all proceedings of the
task force;
(3) Keep records of the minutes of the meeting and other matters that the task force shall
decide upon;
(4) Record and keep a list of names of the violators of this ordinance; and
(5) Provide written reports of activities done in the implementation of this ordinance when
necessary.
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E. The Treasurer shall:

(1) Collect and receive fines paid by a violator; and
(2) Submit reports relating to the expenses of the task force.

F. The Members shall:

Assist the Chairman and the other officers; and
Perform all duties that shall be delegated to them.
Barangay Kagawads and Barangay Tanods shall help during inspections and assessments.
They shall help in identifying the person/s or business establishment/s, or institution/s
involved in the offense reported and in producing evidences. They shall also assist in
public information and dissemination campaigns and promotions of awareness of this
ordinance and in encouraging public support and participation in its implementation and
enforcement.
The PNP Officers shall render police support in the implementation and enforcement of
the ordinance. They shall also participate in the identification of the person/s or business
establishment/s, or institution/s involved in the offense and production of the evidences.
The Barangay Social Worker shall provide counseling for minors and their parents or
guardians involved in illegal gambling violations or cases.
School Heads and Barangay Volunteers shall coordinate with the other members of the
task force any relevant information concerning illegal gambling case and join public
information and dissemination campaigns.

*Barangay Associations and Volunteer Groups can provide assistance for the full
implementation and enforcement of this ordinance through engaging in public information
and dissemination campaigns.

Section 5. Enforcement. The following activities shall be done for the implementation and
enforcement of this ordinance:

1. Inspections and assessments The personnel responsible for this function shall:
a.) inspect any premises
b.) monitor the activities of persons or residential areas
c.) examine machineries or equipment in the monitored premises
d.) take copies of any document or record of information needed from the premises
e.) remove and retain anything that he or she believes is violating the provisions of the
ordinance
f.) question any person in the area

2. Identifications of the person or business establishment that violated the ordinance -

The personnel responsible for this function shall:
a.) monitor the activities of a person, establishment or an institution
b.) take copies of any document or record of information needed
c.) question any persons concerned or related to the person, establishment or institution
d.) collect intelligence information on the background of the person, establishment or
institution
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3. Production of evidences and document regarding the identity of the person,

establishment or institution related to the offense reported.

4. Information dissemination - The personnel responsible for this function shall:

(a) develop and produce information, education and communication materials on the
harmful effects of illegal gambling as well as on the provisions of this ordinance;
(b) conduct public information and dissemination campaigns every three monts in
schools and sitios of the barangay; and
(c) put up posters, tarpaulins or billboards providing information about the ordinance in
conspicuous places in Barangay Poblacion to notify the public of the restrictions and
sanctions imposed.

4. Provide a written report after forty-eight hours of exercising the following activities
mentioned in the preceding sections.

*Any person caught committing an offense against the provisions can be taken in
custody; and any articles, documents or materials under his possession can be taken
without any warrant by the implementing personnel, agencies and other authorized
persons.

* The Punong Barangay shall call for a meeting as may be as necessary for the effective
implementation of this ordinance and to educate people about the provisions provided.

* The Task Force shall conduct a weekly barangay wide ocular inspection of sitios,
business establishments and institutions.

ARTICLE V
PENAL PROVISIONS

Section 1. Prohibited Acts. The following are the prohibited acts of this ordinance:

a.) Directly or indirectly taking part in any illegal gambling practices of cockfighting,
jueteng, jai alai or other games that include bookie operations and game fixing; masiao,
last two and other number games; 7-11 and other dice games; lucky nine, poker, monte,
and other card games; paik que, high and low, mahjong, domino and other games using
plastic tiles; slot machines, pin ball and other mechanical contraptions and devices;
basketball, volleyball, and other forms of individual or team contests to include game
fixing, point shaving and other machinations; banking or percentage game, or any other
game scheme, whether upon chance or skill, wherein wagers consisting of money,
articles of of value are at stake or made.
b.) Knowingly permit any form of illegal gambling referred to in the preceding
subparagraph, to be carried inhabited or uninhabited place or in any building, vessel or
other means of transportation owned or controlled by him
c.) Acting as the maintainer or conductor of illegal gambling activities referred to in
subparagraph (a).
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d.) Providing or producing facilities or equipment for conducting any activities or

practices of illegal gambling referred to in subparagraph (a).
e.) Inviting, committing or causing minors to gamble whether directly or indirectly on
purpose.
f.) Inviting, committing or causing minors to enter a premise wherein illegal gambling
activities as referred into subparagraph (a) are being carried.
g.) Inviting, committing or causing minors to be involved in the function of conducting
any acts of gambling.

Section 2. Fines and Penalties. The following are the corresponding penalties to the prohibited
acts enumerated in the preceding section:

1.) Any person who violates the prohibited acts under this ordinance shall be penalized as
follows:
a. First Offense - Warning
b. Second Offense Php 500.00 or render 2 days of community service, of 2 hours per
day
c. Third Offense Php. 700.00 or render 4 days of community service, of 2 hours per day
d. Subsequent Offense Php. 1,000.00 or render 5 days of community service, of 2 hours
per day

2.) Parent, guardian or any adult person having the care and custody of the minor found
or involved in any gambling activities or premise shall be penalized as follows:
a. First Offense Counseling by the Barangay Social Worker for the minor and parent or
guardian
b. Second Offense Php 500.00 or render 2 days of community service, of 2 hours a day
c. Third Offense - Php 700.00 or render 4 days of community service, of 2 hours a day
d. Subsequent Offense Php 1,000.00 or render 5 days of community service, of 2 hours
a day

3.) Owners, operators or employees of any employees of business establishments found

to be in violation of Section 1 of this ordinance shall be penalized as follows:
a. First offense Warning
b. Second offense Php 1,000.00
c. Third offense Temporary closure of establishment for 3 successive days
d. Fourth offense Temporary closure of establishment for 5 successive days
e. Fifth and final offense Revocation of business clearance and permanent closure of
establishment

Section 3. Exemptions. This ordinance shall not apply in the following circumstances:

1. When any person participates in charity sweepstakes, lotteries and other activities
regulated and controlled by government-authorized agencies such as Philippine
Charity Sweepstakes Office (PCSO) and Philippine Amusement and Gaming
Corporation (PAGCOR).
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2. When any person participates in gambling activities and operations duly-recognized

and licensed by the government.

*Any private person can file with the Task Force a complaint for any violation of this
ordinance. He or she may be given incentives or rewards at the discretion of the
Sangguniang Barangay of Poblacion.

*Violators who have not paid and/or served his or her fines/penalties shall not be given
their barangay clearances. The names of the violators shall be posted at the barangay hall
and other conspicuous places.

*If the any of the offenses is committed by an institution, corporation, partnership, or

other juridical entity duly organized in accordance with law, the chief executive officer,
president, general manager, managing partner or such other officer-in-charge shall be
liable for the commission of the offense penalized under this Ordinance.

*If the violator is the enforcer and implementer of this ordinance, he or she shall also be
penalized with the same fines and sanctions enumerated in Section 2. There shall be no
exemptions in this ordinance. All people residing within the jurisdiction of the barangay
are covered.

ARTICLE VI
UTILIZATION OF THE COLLECTED FINES

Forty percent (40%) of the collected fines shall be included in the fund of the
appropriation on the next year and the remaining sixty percent (60%) shall use for the:
a.) honorarium of the Barangay Tanods and members of The Anti-Illegal Gambling Committee
b.) production of necessary materials and equipment for the implementation, inspections, public
information and dissemination campaign of this ordinance
c.) rewards for informers

ARTICLE VII
MISCELLANEOUS PROVISIONS

Section 1. Separability Clause. If any part of this ordinance is declared illegal or

unconstitutional, other sections or provisions hereof which are not affected thereby shall
continue to be in full force and effect.

Section 2. Repealing Clause. Any ordinance of Barangay Poblacion or parts thereof, which are
inconsistent with this ordinance, are hereby repealed, amended or modified accordingly.

Section 3. Effectivity. This shall take effect 15 days upon its approval and its official posting on
the Barangay Hall and to other conspicuous places of the barangay.