REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No, _ 8389

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO.

EXPLANATORY NOTE

Ilegal gambling has remained a multi-billion peso underground industry with patrons coming
from all walks of life, cutting across sectors and social status. This is attributable to the fact
that it comes in so many forms to cater to one’s preference and budget.

Based on our country’s experience, illegal-gambling activities, if left unchecked, breeds
corruption and may mutate into other forms of organized crime, including drug-trafficking,
illegal vices, money-laundering and kidnapping.

This measure seeks to amend RA 9827 by imposing an increase in the penalties carried out
against various forms of illegal gambling. This bill does not only seek to penalize operators
of illegal gambling but also those in government service who are working with them.

The social problems created by illegal gambling such as addiction, domestic violence,
indebtedness and other forms of crimes resulting thereto outweigh its supposed alluring
benefits. Thus, this measure aims to rid the country of all forms of illegal-gambling activities
that contribute to moral decay and provide an economic support system that sustains other
forms of illegal activity.

In view of the foregoing, swift passage of this measure is earnestly sought.

lepresentative
Magdalo Para sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES.
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No, 8389

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
INCREASING THE PENALTIES FOR OTHER ILLEGAL GAMBLING
ACTIVITIES, AMENDING FOR THE PURPOSE REPUBLICA ACT NO. 9287,
ENTITLED “ AN ACT INCREASING THE PENALTIES FOR ILLEGAL NUMBERS
GAMES, AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL DECREE NO.
1602, AND FOR OTHER PURPOSES”

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SEC, 1, Section! of Republic Act No. 9287 is hereby amended to read as follows:

“SECTION 1. Declaration of Policy.- it is the policy of the State to promote a
just and dynamic social order that will ensure the prosperity and independence
of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living,
and an improved quality of life for all. It is likewise the policy of the State that
the promotion of social justice shall include the commitment to create
economic opportunities based on freedom of initiative and self-reliance

Hence, the State hereby condemns the existence of illegal gambling
activities [such as illegal number games] as this has become an influential
factor in an individual's disregard for the value of dignified work,
perseverance and thrift since instant monetary gains from it are being equated
to success, thereby becoming a widespread social menace and a source of
corruption.

Towards this end, the State shall therefore adopt more, stringent
measures to stop and eradicate the existence of illegal {numbers games]
GAMBLING ACTIVITIES in any part of the country.”

SEC.2. Section 3 of the same Act is hereby amended to read as follows:

“SEC.3. Punishable Acts.- Any person who participates in any illegal
[number games] GAMBLING ACTIVITY shall suffer the following penalties:


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a) The penalty of imprisonment from thirty (30) days to ninety (90)
days, is such person acts as a bettor IN ANY ILLEGAL
GAMBLING ACTIVITY;

'b) The penalty of imprisonment from six (6) years and one (1) day to
eight (8) years, if such person acts as a personnel or staff of an
illegal [numbers games] GAMBLING operation; The same penalty
shall likewise be imposed to any person who allows his vehicle,
house, building or land to be used in the operation of the illegal
[number games] GAMBLING ACTIVITY.

c) The penalty of imprisonment from eight (8) years and one (1) day
to ten (10) years, if such person acts as a collector or agent OF
ANY ILLEGAL GAMBLING ACTIVITY;

4) The penalty of imprisonment from ten (10) years and one (1) day to
twelve (12) years, if such person acts as a coordinator, controller or
supervisor OF ANY ILLEGAL GAMBLING ACTIVITY;

¢) The penalty of imprisonment from twelve (12) years and one (1)
day to ten (10) fourteen (14) years, if such person acts as a
‘maintainer, manager or operator OF ANY ILLEGAL GAMBLING
ACTIVITY; and

£) The penalty of imprisonment from fourteen (14) years and one (1)
day to sixteen (16) years, if such person acts as a financier or
capitalist OF ANY ILLEGAL GAMBLING ACTIVITY;

2) The penalty of imprisonment from sixteen (16) years and one (1)
day to twenty (20) years, if such person acts as protector or coddler
OF ANY ILLEGAL GAMBLING ACTIVITY.

SEC.3. A new Section to be denominated as Section 3-A is hereby inserted after
Section 3 of the same Act and shall read as follows:

“SEC.3-A. OTHER ILLEGAL GAMBLING ACTIVITIES. ANY PERSON,
WHO IN ANY MANNER, SHALL DIRECTLY OR INDIRECTLY TAKE
PART IN ANY ILLEGAL GAME OF COCKFIGHTING OR “TUPADA”,
JAI ALAI OR HORSE RACING TO INCLUDE BOOKIE OPERATIONS
AND OTHER FORMS OF ILLEGAL LOTTERIES; CARA Y CRUZ OR
POMPIANG AND THE LIKE; SEVEN ELEVEN (7-11) AND ANY GAME
USING DICE; BLACK JACK, LUCKY NINE, “PUSOY"OR RUSSIAN
POKER, MONTE, BACCARAT, “SAKLA”, CUAJAO, PANGGUINGUE
AND OTHER CARD GAMES; MAHJONG, DOMINO AND OTHER
GAMES USING PLASTIC TILES AND THE LIKE; SLOT MACHINES,
ROULLETTE, PINBALL, FRUIT GAME AND OTHER MECHANICAL
CONTRAPTIONS AND DEVICES; DOG RACING, BOAT RACING, CAR
RACING AND OTHER FORMS OF RACES; GAME FIXING, POINT
SHAVING AND OTHER MACHINATIONS IN INDIVIDUAL OR TEAM
SPORTS CONTESTS; BANKING OR PERCENTAGE GAME, OR ANY

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2
B
14
15
16
7
18
19
20

2B
24
25
26
a

29
31
32
33
35
36
37
39
a
4B
45,
47

49
50

OTHER GAME OR SCHEME AND ITS DERIVATIVES, WHETHER
UPON CHANCE OR SKILL, WHEREIN WAGERS CONSISTING OF
MONEY, ARTICLES OF VALUE OR REPRESENTATIVE OF VALUE
ARE AT STAKE OR MADE, SHALL SUFFER THE PENALTIES
PRESCRIBED UNDER SECTION 3 OF THIS ACT: PROVIDED, THAT
GAMES OF CHANCE, GAMES OF CARDS, GAMES OF NUMBERS,
RACES, MECHANICAL CONTRAPTIONS AND DEVICES THAT ARE
LICENSED, REGULATED, OPERATED OR AUTHORIZED BY THE
PHILIPPINE AMUSEMENT AND GAMING CORPORATION,
PHILIPPINE RACING COMMISSION, OTHER REGULATORY BODIES,
AND LOCAL GOVERNMENT UNITS:

AS PERMITTED UNDER EXISTING LAWS OR FRANCHISES SHALL
NOT BE COVERED BY THIS SECTION.”

SEC.4. Section 4 of the same Act is hereby amended to read as follows:

“SECA. Possession of Gambling Paraphernalia or Materials. The possession
of any gambling paraphernalia and other materials used in the illegal [numbers
game] GAMBLING operation shall be deemed prima fade evidence of any
offense covered by this Act.”

SECS. Section 5 of the same Act is hereby amended to read as follows:

“Sec. 5. Liability of Government Employees [and/] or Public Officials, - a) If
the collector, agent, coordinator, controller, supervisor, maintainer, manger,
operator, financier or capitalist of any illegal [numbers game], GAMBLING
ACTIVITY is a government employee [and/] or public official, whether
lected or appointed shall suffer the penalty of twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from Three million pesos
(P3,000,000.00) to Five million pesos (5,000,000.00) and perpetual absolute
disqualification from public office.

Ox XXX Xxx’

SEC.6. Section 9 of the same Act is hereby amended to read as follows:

“SEC.9. Prosecution, Judgement and Forfeiture of Property.- Any person
may be charged with or convicted of the offenses covered by this Act without
prejudice to the prosecution of any act or acts penalized under the Revised
Penal Code or existing laws.

XXX XXX XXX

Upon conviction, all proceeds, gambling paraphernalia and other
instruments of the crime including any real or personal property used in any
illegal [numbers game] GAMBLING operation shall be confiscated and
forfeited in favor of the State. All assets and properties of the accused either
owned or held by [him/her] THE OFFENDER in [his/her] THE
OFFENDER’S name or in the name of another, person found to be manifestly
out of proportion to [his/her] THE lawful income OF THAT PERSON shall be

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prima facie presumed to be proceeds of the offense and shall likewise be
confiscated and forfeited in favor of the State.”

SEC.7 Section 11 of the same Act is hereby amended to read as follows:

“SEC.11. Informer’s Reward- Any person who, having knowledge or
information of any offense committed under this Act and who shall disclose
the same which may lead to the arrest and final conviction of the offender,
may be rewarded a certain percentage of the cash money or articles of value,
confiscated or forfeited in favor of the government, which shall be determined
through a policy guideline promulgated by the Department of Justice (DOJ) in
coordination with the Department of THE Interior and Local Government
(DILG) and the National Police Commission (NAPOLCOM): PROVIDED,
THAT SAID REWARD SHALL BE AT LEAST THIRTY-FIVE PERCENT
(35%) OF THE CASH MONEY OR ARTICLES OF VALUE
CONFISCATED OR FORFEITED IN FAVOR OF THE GOVERNMENT.

The DILG, the NAPOLCOM and the DOJ shall provide for a system
of rewards and incentives for law enforcement officers and for local
government officials for the effective implementation of this Act. THE DILG,
NAPOLCOM AND DOJ SHALL ALSO CONDUCT ANNUAL MORAL
RECOVERY AND VALUES ENHANCEMENT SEMINARS FOR LOCAL
GOVERNMENT OFFICIALS AND LAW ENFORCERS UNDER THEIR
RESPECTIVE JURISDICTIONS.

SEC. 8. Implementing Rules and Regulations. - Within thirty (30) days from the
approval of this Act, the Secretary of the Interior and Local Government and the Secretary of
Justice shall jointly promulgate the rules and regulations necessary to ensure the efficient and
effective implementation of this Act.

SEC.9. Separability Clause.- If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall remain
in force and effect.

SEC.10. Repeating Clause. The pertinent provisions of PD No. 1602, as amended,
in so far as they are inconsistent herewith, are hereby expressly amended or modified
accordingly. The provisions of other laws, decrees, executive orders, rules and regulations
inconsistent with this Act are hereby repealed, amended or modified accordingly.

SEC.LL. Effectivity.- This Act shall take effect after fifteen (15) days following the
completion of its publication either in the Official Gazette or in newspaper of general
circulation in the Philippines.

Approved,