Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
First Regular Session

House Bill no, 4864

Introduced by Representative Wes Gatchalian

EXPLANATORY NOTE

This bill seeks to impose higher penalties on other forms of illegal
gambling not covered by the provisions of Republic Act (RA) No. 9287,
entitled “An Act Increasing the Penalties for Illegal Numbers Games,
Amending Certain Provisions of Presidential Decree No. 1602, and for
Other Purposes.”

RA 9287 was enacted in 2004 as a response by Congress to the
public's clamor for a tougher law against illegal numbers games,
particularly jueteng, because it was observed that the weakness of the
old anti-gambling law contributed to the continuing proliferation of
illegal numbers games. In enacting RA 9287, Congress only increased
the penalties for those involved in illegal numbers games while making
no changes in the penalties for offenders engaged in other _illegal
gambling activities as enumerated under Presidential Decree (PD) No.
1602, as amended.

This measure aims to amend RA 9287 by including in its coverage
the other illegal gambling activities enumerated under PD 1602, as
amended. Illegal gambling, in its various forms, persists as a social
menace which erodes the basic foundation of our moral fiber and its
proliferation has continued to leave an impression on the public that it is
a source of corruption to some public officials and law enforcers. By
increasing the penalties of other forms of illegal gambling, it would be
indicative of the government's strong willingness to minimize, if not eradicate, ille-
gal gambling in its pursuit of social and economic development.

This proposed measure also seeks to address the persistent
problem on illegal gambling in urban areas particularly the problem on
“sakla” operations. Illegal gambling operators would usually conduct
“sakla” during wakes in the guise of raising funds for the bereaved, thus,
local government officials and law enforcers are forced to turn a blind
eye on these patently illegal activities. They would also argue that “sakla” is just be-
ing conducted as a pastime for the visitors. However, it is very clear that “sakla” is an
illegal gambling activity which has negative effects on society, particularly the young


people who are exposed to these _illegal_ activities, In| many
feported cases in Metro Manila, wakes would last for weeks not because
people would want to mourn the deceased but because “sakla” operators
rece to extend the wake to be able to continue their illegal gambling
activity,

‘The enactment of this measure hopes to serve as a deterrent for
illegal gambling operators and to motivate local government officials and
Ine enforcement authorities to further strengthen and intensify thelr
campaign against illegal gambling.

In view of the foregoing, immediate passage of this bill is, earnestly
sought.

WES GATCHALIAN
Representative

Ast District, Valeyfuela City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
First Regular Session

4864

House Bill no.

Introduced by Representative Wes Gatchalian

AN ACT
INCREASING THE PENALTIES FOR OTHER ILLEGAL GAMBLING
ACTIVITIES, AMENDING FOR THE PURPOSE REPUBLIC 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:

SECTION 1. Section 1 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, arising
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 numbers 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 [numbers game] GAMBLING ACTIVITY shall
suffer the following penalties:

a)The penalty of imprisonment from thirty (30) days to
ninety (90) days, if 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 game] 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 [numbers games]
GAMBLING ACTIVITY.

©)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

f)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;

g)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 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 MMISSION, 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:

"SEC, 4. 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 facie evidence of
any offense covered by this Act."

SEC,
follows:

5, Section 5 of the same Act is hereby amended to read as

"Sec, 5, Liability of Government Employees [and/Jor
Public Officials. - a) If the collector, agent, coordinator,
controller, supervisor, maintainer, manager, -—operator,
financier or capitalist. of any illegal {numbers game]
GAMBLING ACTIVITY is a government employee {and/Jor
public official, whether elected 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.
XXX XXX XXX"
SEC. 6, Section 9 of the same Act is hereby amended to read as
follows:


9, Prosecution, Judgment 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 Jawful income OF THAT PERSON shall be — 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 DO}
SHALL ALSO CONDUCT ANNUAL MORAL RECOVERY AND
VALUES ENHANCEMEN’ SEMINARS FOR LOCAL
GOVERNMENT — OFFICIAI 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 part or provision of this Act
is declared invalid or unconstitutional, the remaining provisions or parts
of this Act not affected thereby shall remain in force and effect.

SEC. 10. Repealing 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. 11. Effectivity. - This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in a national newspaper of
general circulation.

Approved,