Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL no 83 u

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
RATIONALIZING THE LAW AGAINST GAMBLING AND/OR BETTING BY
PROVIDING STIFFER PENALTIES, FORFEITURE AND CONFISCATION
PROVISIONS AND ESTABLISHING A PRIMA FACIE PRESUMPTION FOR
VIOLATIONS THEREFOR, AMENDING FOR THESE PURPOSES PRESIDENTIAL
DECREE NO. 1602.

The proposed measure seeks to protect the general welfare through a more pragmatic
penal regulation against gambling, which is certainly inimical to public interest. As it is a
declared policy of the State to discourage and prohibit forms of gambling not regulated or
sanctioned under existing laws, there is a need to review and amend the same in order
to efficiently and effectively carry out the people's crusade against illegal gambling.

Law enforcement against illegal gambling will continue to be ineffective unless the laws
provide stiffer penalties for violations thereof, which this bill seeks to provide.

cl Al

LUIS RAY D “LI F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No.2371

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
RATIONALIZING THE LAW AGAINST GAMBLING AND/OR BETTING BY
PROVIDING STIFFER PENALTIES, FORFEITURE AND CONFISCATION
PROVISIONS AND ESTABLISHING A PRIMA FACIE PRESUMPTION FOR
VIOLATIONS THEREFOR, AMENDING FOR THESE PURPOSES PRESIDENTIAL
DECREE NO. 1602.

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

SECTION 1. Section 1 of Presidential Decree No. 1602 is hereby amended to read as
follows:
“Section 1. Penalties. — The following penalties are hereby imposed:
(a) The penalty of PRISION MAYOR IN ITS MEDIUM PERIOD ORA
FINE RANGING FROM TWENTY THOUSAND PESOS (P20,000.00) TO
FORTY THOUSAND PESOS (P40,000.00), OR BOTH [prision correcional
in its medium period or a fine ranging from one thousand pesos (P1,000.00)
to six thousand pesos (P6,000.00), and in case of recidivism, the penalty of
PRISION MAYOR _IN ITS MAXIMUM PERIOD OR A FINE RANGING
FROM THIRTY THOUSAND PESOS (P30,000.00) TO SIXTY THOUSAND
PESOS (P60,000.00) OR BOTH [prision mayor in its medium period or a
fine ranging from FIVE THOUSAND PESOS (P5,000.00) to TEN
THOUSAND PESOS (10,000.00), shall be imposed upon:

(1) Any person other than those referred to in the succeeding
subsections who in any manner, shall directly or indirectly take part
in any illegal or unauthorized activities or games of cockfighting,
jueteng, jai-alai, or horse racing to include bookie operation and
game-fixing, numbers, bingo, and other forms lotteries, cara y cruz,
pompiang and the like 7-11 and any game using dice, blackjack,
lucky nine, poker and its derivatives, monte, baccarat, cuajo,
pagnnguinge and other card games; paik que, high and low,


mahjong, domino and other games using plastic tiles and the likes;
slot machines, roulette, pinball, and other mechanical contraptions
and devices; dog racing, boat racing, car racing and other forms of
individual or team contest to include game fixing, point shaving and
other machinations; banking or percentages game or scheme,
whether upon chance or skill, wherein wagers consisting of money,
articles of value or representative of value are at stake or made.

(2) Any person shall knowingly permit any form of gambling
referred to in the preceding subparagraph to be carried on in an
inhabited or uninhabited place or in any building, vessel, or other
Means of transportation owned or controlled by him: PROVIDED,
that ifl]f the place where gambling is carried on has a reputation of a
gambling place or that prohibited gambling is frequently carried on
therein, or the place is a public or government building or barangay
hall, the malefactor shall be punished by PRISION MAYOR IN ITS
MAXIMUM PERIOD OR A FINE RANGING FROM THIRTY
THOUSAND PESOS (P30,000.00) TO FIFTY THOUSAND PESOS
(P50,000.00, OR BOTH [prision correccional in its maximum period
and a fine of SIXTY THOUSAND PESOS (P60,000.00).

(3) Any person who permits or allows his name to be used for
illegal gambling or who uses or permits himself to be used as a
dummy in connection with illegal gambling.

(b) The penalty of PRISION MAYOR IN ITS MAXIMUM PERIOD OR
FINE RANGING FROM THIRTY THOUSAND PESOS (P30,000.00) TO
SIXTY THOUSAND PESOS (P60,000.00), OR BOTH ; PROVIDED, THAT
THE PENALTY OF RECLUSION TEMPORAL AND A FINE RANGING
FROM FORTY THOUSAND PESOS (P40,000.00) TO SIXTY
THOUSAND PESOS (P60,000.00) SHALL BE IMPOSED UPON A
MAINTAINER OR CONDUCTOR WHO OPERATES THREE OR MORE
GAMBLING OR BETTING JOINTS, DENS, OR HOUSES OR WHEN THE
GAMBLING OR BETTING OPERATION IS OF A LARGE SCALE, SUCH
AS WHEN IT COVERS A CITY, MUNICIPALITY, OR BARANGAY;

THE PROPERTY DERIVED BY THE MAINTAINER OR
CONDUCTOR, WHO OPERATES THREE OR MORE GAMBLING OR
BETTING JOINTS, DENS OR HOUSES, OR WHO OPERATES ON A
LARGE SCALE, FROM ILLEGAL GAMBLING OR BETTING SHALL BE
FORFEITED AND/OR CONFISCATED IN FAVOR OF THE
GOVERNMENT.

THE BURDEN OF PROVING THE COMMISSION OF CRIMES COVERED
UNDER THIS SUBSECTION. ONCE THE PROSECUTION PROVES
THAT THE PROPERTIES OWNED, HELD OR ACCUMULATED BY THE
ACCUSED, IN HIS OWN NAME OR IN THOSE OF OTHER PERSONS, |S
MANIFESTLY OUT OF PROPORTION TO HIS LAWFUL INCOME, IT
SHALL DEVOLVE UPON THE ACCUSED TO SHOW THAT SUCH
PROPERTIES WERE ACQUIRED BY LAWFUL MEANS; PROVIDED,
THAT ANY PROPERTY WHICHHE DID NOT PROVE AS AMONG THOSE


HE ACQUIRED BY LEGAL MEANS SHALL BE PRESUMED TO HAVE
BEEN ACQUIRED ILLEGALLY;

UPON THE FILIFNG OF THE CRIMNAL CASE, THE COURT
SHALL SCHEDULE A HEARING FOR THE DETERMINATION OF THE
PROPERTIES MENTIONED HEREIN WHICH MAY BE CONFISCATED
AND FORFEITED. DURING THE PENDENCY OF THE CASE, NO
PROPERTY, OR INCOME DERIVED THEREFROM, WHICH MAY BE
CONFISCATED AND FORFEITED, MAY BE DISPOSED, ALIENATED, OR
TRANSFERRED AND THE SAME SHALL BE IN CUSTODIA LEGIS AND.
NO BOND BE ADMITTED FOR THE RELEASE OF THE SAME.

THE PROCEEDS OF ANY SALE OR DISPOSITION OF ANY
PROPERTY OR MONEY CONFISCATED OR FORFEITED UNDER THIS
SUBSECTION SHALL BE USED TO PAY ALL PROPER EXPENSES OF
SEIZURE, CUSTODY AND MAINTENANCE OF PROPERTY PENDING
ITS DISPOSITION, ADVERTISING, PUBLICATION, AND COURT COSTS;

(c) The penalty of PRISION MAYOR IN ITS MAXIMUM PERIOD OR
A FINE RANGING FROM FORTY THOUSAND PESOS (P40,000.00) TO
SIXTY THOUSAND PESOS (P60,000.00), OR BOTH, [prision mayor in its
medium period with temporary absolute disqualification or fine of SIX
THOUSAND PESOS] shall be imposed if the maintainer, conductor or
banker of said gambling schemes is a government official, or where such
government official is the player, promoter, referee, umpire, judge, or coach
in case of game fixing, point shaving and machination;

(d) The penalty of prision correccional in its medium period or a fine
ranging from FIVE THOUSAND PESOS (P5,000.00) TO TEN THOUSAND:
PESOS (P10,000.00), OR BOTH [four hundred pesos (P400.00) to TWO
THOUSAND PESOS (P2,000.00) shall be imposed upon any person who
shall knowingly and without lawful purpose in any hour of any day, possess
any lottery list, paper, or other matter containing letters , figures, signs or
symbols AND OTHER GAMBLING PARAPHERNALIA pertaining to or in
any manner used in the same games of jueteng, jai-alai or horse racing
bookies, and similar games of lotteries and numbers which have taken
place or about to take place: PROVIDED, THAT POSSESSION OF SAID
ARTICLES OR PARAPHERNALIA SHALL BE PRIMA FACIE EVIDENCE
OF THE VIOLATION OF THIS SUBSECTION: PROVIDED, FURTHER,
THAT SUCH ARTICLES FOUND IN HIS POSSESSION SHALL BE
SEIZED AND CONFISCATED IN FAVOR OF THE GOVERNMENT;

(e) The penalty of PERPETUAL [temporal] absolute disqualification
shall be imposed upon any PUBLIC [barangay] official who, with
knowledge of the existence of a gambling house of place in his jurisdiction,
fails to abate the same action in connection therewith;

(f) The penalty of prision correccional in its maximum period or a
fine ranging from FIVE THOUSAND PESOS (P5,000.00) TO TEN
THOUSAND PESOS (P10,000.00), OR BOTH, [FIVE HUNDRED PESOS
(P500.00) to TWO THOUSAND PESOS (P2,000.00) shall be imposed
upon any security officer, security guard, watchman, private or house


detective of hotels, villages, building, enclosure and the like which have the
reputation of a gambling place or where gambling activities are being held;
and

(g) ANY PERSON WHO USES DILATORY TACTICS TO HINDER,
OBSTRUCT OR IMPEDE THE SUCCESSFUL EXECUTION OF AN
OPERATION AGAINST ILLEGAL GAMBLING AND/OR BETTING BY LAW
ENFORCEMENT AGENIES OR BY ANY OTHER AGENCY OF
GOVERNMENT OR OTHERWISE EXTENDS PROTECTION TO A
MAINTAINER CONDUCTOR, BAKER OR ANY OTHER PERSON
OTHERWISE INVOLVED IN ILLEGAL GAMBLING AND/OR BETTING
SHALL BE PENALIZED WITH PRISION CORRECIONAL IN ITS
MAXIMUM PERIOD OR A FINE RANGING FROM TEN THOUSAND.
PESOS (P10,000.00) TO TWENTY THOUSAND PESOS (P20,000.00),
OR BOTH.

SECTION 2. Informer's Reward. — Any person who shall disclose information that will
lead to the arrest and final conviction of the malefactor shall be rewarded twenty five
percent (25%) of the cash money or articles of value confiscated or forfeited in favor of
the government.

SECTION 3. Separability Clause. — If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision otherwise affected shall
remain valid and subsisting.

SECTION 4. Repealing Clause. — Presidential Decree No. 1602 is hereby amended and
rule and regulation contrary to, or inconsistent with, the provisions of this Act is hereby
repealed, modified or amended accordingly.

SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
Publication in at least two (2) newspapers of general circulation.

Approved,