Title 6 - Crimes Against Public Morals
Title 6 - Crimes Against Public Morals
Title 6 - Crimes Against Public Morals
1602
PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING
WHEREAS, Philippine Gambling Laws such as Articles 195-199 of the Revised Penal Code (Forms of Gambling and Betting), R.A. 3063 (Horse racing
Bookies), P.D. 449 (Cockfighting), P.D. 483 (Game Fixing), P.D. 510 (Slot Machines) in relation to Opinion Nos. 33 and 97 of the Ministry of Justice,
P.D. 1306 (Jai-Alai Bookies) and other City and Municipal Ordinances or gambling all over the country prescribe penalties which are inadequate to
discourage or stamp out this pernicious activities;
WHEREAS, there is now a need to increase their penalties to make them more effective in combating this social menace which dissipate the energy
and resources of our people;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution,
do hereby order and decree:
Section 1. Penalties. The following penalties are hereby imposed:
(a)
The penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of
recidivism, the penalty of prision mayor in its medium period or a fine ranging from five thousand to ten thousand pesos shall be imposed upon:
1. Any person other than those referred to in the succeeding sub-sections 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 operations and game fixing, numbers, bingo and
other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any game using dice; black jack, lucky nine, poker and its derivatives, monte,
baccarat, cuajao, pangguingue 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 races,
basketball, boxing, volleyball, bowling, pingpong 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 value or representative of value are at stake or made;
2. Any person who shall knowingly permit any form of gambling referred to in the preceding subparagraph to be carried on in inhabited or
uninhabited place or in any building, vessel or other means of transportation owned or controlled by him. If 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 malfactor shall be punished by prision correccional in its maximum period and a fine of six thousand pesos.
(b)
The penalty of prision correccional in its maximum period or a fine of six thousand pesos shall be imposed upon the maintainer or
conductor of the above gambling schemes.
(c)
The penalty of prision mayor in its medium period with temporary absolute disqualification or a 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 four hundred to two thousand pesos 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 pertaining to or in any manner used in the 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.
(e)
The penalty of temporary absolute disqualifications shall be imposed upon any barangay official who, with knowledge of the existence of
a gambling house or place in his jurisdiction fails to abate the same or take action in connection therewith.
(f)
The penalty of prision correccional in its maximum period or a fine ranging from five hundred pesos to two thousand pesos shall be
imposed upon any security officer, security guard, watchman, private or house detective of hotels, villages, buildings, enclosures and the like which
have the reputation of a gambling place or where gambling activities are being held.
Section 2. Informer's reward. Any person who shall disclose information that will lead to the arrest and final conviction of the malfactor shall be
rewarded twenty percent of the cash money or articles of value confiscated or forfeited in favor of the government.
Section 3. Repealing Clause. Provisions of Art. 195-199 of the Revised Penal Code, as amended, Republic Act No. 3063, Presidential Decrees
Numbered 483, 449, 510 and 1306, letters of instructions, laws, executive orders, rules and regulations, city and municipal ordinances which are
inconsistent with this Decree are hereby repealed.
Section 4. Effectivity. This Decree shall take effect immediately upon publication at least once in a newspaper of general circulation.
Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.
April 2, 2004
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 House of Representatives of the Philippines in Congress assembled:
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 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 in any part of the country.
Sec. 2. Definition of Terms. - As used in this Act, the following terms shall mean:
a) Illegal Numbers Game. - Any form illegal gambling activity which uses numbers or combinations thereof as factors in giving
out jackpots.
b) Jueteng. - 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.
c) Masiao. - An illegal 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.
d) Last Two. - An illegal 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.
e) Bettor ("Mananaya", "Tayador" or variants thereof). - Any person who places bets for himself/herself or in behalf of
another person, or any person, other than the personnel or staff of any illegal numbers game operation.
f) Personnel or Staff of Illegal Numbers Game Operation. - Any person, who acts in the interest of the maintainer, manager or
operator, such as, but not limited to, an accountant, cashier, checker, guard, runner, table manager, usher, watcher, or any
other personnel performing such similar functions in a building structure, vessel, vehicle, or any other place where an illegal
numbers game is operated or conducted.
g) Collector or Agent ("Cabo", "Cobrador", "Coriador" or variants thereof). - 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.
h) Coordinator, Controller or Supervisor ("Encargado" or variants thereof). - Any person who exercises control and supervision
over the collector or agent.
i) Maintainer, Manager or Operator. - 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.
j) Financiers or Capitalist. - Any person who finances the operations of any illegal numbers game.
k) Protector or Coddler. - Any person who lends or provides protection, or receives benefits in any manner in the operation of
any illegal numbers game.
Sec. 3. Punishable Acts. - Any person who participates in any illegal numbers game 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;
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 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.
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;
d) 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;
e) 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; 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;
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.
Sec. 4. Possession of Gambling Paraphernalia or Materials. - The possession of any gambling paraphernalia and other
materials used in the illegal numbers game operation shall be deemed prima facie evidence of any offense covered by this Act.
Sec. 5. Liability of Government Employees and/or Public Officials. - a) If the collector, agent, coordinator, controller,
supervisor, maintainer, manager, operator, financier or capitalist of any illegal numbers game is a government employee
and/or 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 (P5,000,000.00) and perpetual
absolute disqualification from public office.
In addition to the penalty provided in the immediately preceding section, the accessory penalty of perpetual disqualification
from public office shall be imposed upon any local government official who, having knowledge of the existence of the
operation of any illegal numbers game in his/her jurisdiction, fails to abate or to take action, or tolerates the same in
connection therewith.
b) In the case of failure to apprehend perpetrators of any illegal numbers game, any law enforcer shall suffer an administrative
penalty of suspension or dismissal, as the case may be, to be imposed by the appropriate authority.
Sec. 6. Liability of Parents/Guardians. - The penalty of imprisonment from six (6) months and one (1) day to one (1) year or
fine ranging from One hundred thousand pesos (P100,000.00) to Four hundred thousand pesos (P400,000.00) shall be
imposed upon any parent, guardian or person exercising moral authority or ascendancy over a minor, ward or incapacitated
person, and not otherwise falling under any of the foregoing subsections, who induces or causes such minor, ward or
incapacitated person to commit any of the offenses punishable in this Act. Upon conviction, the parent, guardian or person
exercising moral authority or ascendancy over the minor, ward or incapacitated person shall be deprived of his/her authority
over such person in addition to the penalty imposed.
Sec. 7. Recidivism. - The penalty next higher in degree as provided for under Section 3 hereof shall be imposed upon a
recidivist who commits any of the offenses punishable in this Act.
Sec. 8. Immunity from Prosecution. - Any person who serves as a witness for the government or provides evidence in a
criminal case involving any violation of this Act, or who voluntarily or by virtue of a subpoena testificandum or duces tecum,
produces, identifies, or gives testimony shall be immune from any criminal prosecution, subject to the compliance with the
provisions of Presidential Decree No. 1732, otherwise known as Decree Providing Immunity from Criminal Prosecution to
Government Witnesses and the pertinent provisions of the Rules of Court.
Sec. 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.
During the pendency of the case, no property or income used or derived therefrom which may be confiscated and forfeited
shall be disposed, alienated or transferred and the same shall be in custodia legis and no bond shall be admitted for the
release of the same.
The trial prosecutors shall avail of provisional remedies provided for under the Revised Rules on Criminal Procedure.
Upon conviction, all proceeds, gambling paraphernalia and other instruments of the crime including any real or personal
property used in any illegal numbers game 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 in his/her name or in the name of another person found to be
manifestly out of proportion to his/her lawful income shall be prima facie presumed to be proceeds of the offense and shall
likewise be confiscated and forfeited in favor of the State.
Sec. 10. Witness Protection. - Any person who provides material information, whether testimonial or documentary, necessary
for the investigation or prosecution of individuals committing any of the offenses under Sections 3, 4, 5 and 6 herein shall be
placed under the Witness Protection Program pursuant to Republic Act. No. 6981.
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 Interior and Local Government (DILG) and the National Police Commission (NAPOLCOM).
The DILG, the NAPOLCOM and the DOJ shall provide for a system of rewards and incentives for law enforcement officers and
for local government official for the effective implementation of this Act.
Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this Act, the DILG, DOJ,
NAPOLCOM, and other concerned government agencies shall jointly promulgate the implementing rules and regulations, as
may be necessary to ensure the efficient and effective implementation of the provisions of this Act.
Sec. 13. Separability Clause. - If for any reason any section or provision of this Act, or any portion thereof, or the application of
such section, provision or portion thereof to any person, group or circumstance is declared invalid or unconstitutional, the
remaining provisions of this Act shall not be affected by such declaration and shall remain in force and effect.
Sec. 14. Amendatory Clause. - The pertinent provisions of Presidential Decree No. 1602, in so far as they are inconsistent
herewith, are hereby expressly amended or modified accordingly.
Sec. 15. Repealing Clause. - The provisions of other laws, decrees, executive orders, rules and regulations inconsistent with
this Act are hereby repealed, amended or modified accordingly.
Sec. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of
general circulation.
MALACAANG
Manila
PRESIDENTIAL DECREE No. 969
AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL DECREE NO. 960 WHICH AMENDED ARTICLE 201 OF THE REVISED PENAL CODE AND FOR
OTHER PURPOSES
I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree and order:
Section 1. Sections 1 and 2 paragraph 1 of Section 4 of Presidential Decree No. 960 are hereby further amended to read as follows:
"Sec. 1. Amendment of Article 201, Revised Penal Code. Article 201 of Act Numbered Thirty-Eight hundred and fifteen, otherwise known as the
Revised Penal Code, is amended to read as follows:
"Art. 201. Immoral doctrines, obscene publications and exhibition, and indecent shows. The penalty of prision mayor or a fine ranging from six
thousand to twelve thousand pesos, or both such imprisonment and fine, shall be imposed upon:
"1.
Those who shall publicly expound or proclaim doctrines openly contrary to public morals;
"2. a.
The authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the
owners/operators of the establishment selling the same;
"b.
Those who, in theaters, fairs, cinematographs or any other place, exhibit indecent or immoral plays, scenes, acts or shows, it being
understood that the obscene literature or indecent or immoral plays scenes, acts or shows, whether live or in film, which are prescribed by virtue
hereof, shall include those which: (1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or
pornography; (3) offend any race religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order, morals,
good customs, established policies, lawful orders, decrees and edicts.
"3.
Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals.
"Sec. 2. Disposition of the Prohibited Articles. The disposition of the literature, films, prints, engravings, sculptures, painting, or other materials
involved in the violation referred to in Section 1 hereof shall be governed by the following rules:
"a.
"b.
Where the criminal case against any violator of this decree results in acquittal, the obscene/immoral literature, films, prints, engravings,
sculpture, paintings or other materials and articles involved in the violation referred to in Section 1 hereof shall nevertheless be forfeited in favor of
the government to be destroyed, after forfeiture proceedings conducted as the Chief of Constabulary.
"c.
The person aggrieved by the forfeiture action of the Chief of Constabulary may, within fifteen (15) days after his receipt of a copy of the
decision, appeal the matter to the Secretary of National Defense for review. The decision of the Secretary of National Defense shall be final and
unappealable.
"Sec. 4. Additional Penalties. Additional penalties shall be imposed as follows:
"1.
In case the offender is a government official or employee who allows the violations of Section 1 hereof, the penalty as provided herein
shall be imposed in the maximum period and, in addition, the accessory penalties provided for in the Revised Penal Code, as amended, shall
likewise be imposed."
Section 2. To be inserted between Sections 4 and 5 of Presidential Decree No. 960 is Section 4-A to read as follows:
"Sec. 4-A. The Chief of Constabulary shall, with the approval of the Secretary of National Defense, promulgate the necessary rules and regulations
for the implementation of this decree."
Section 3. This decree shall take effect fifteen (15) days after its publication by the Department of Public Information in two (2) newspapers of
general circulation.
Done in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and seventy-six.
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo or video
coverage of the same was given by such person/s. Any person who violates this provision shall be liable for photo or video
voyeurism as defined herein.
Section 5. Penalties. - The penalty of imprisonment of not less that three (3) years but not more than seven (7) years and a
fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos
(P500,000.00), or both, at the discretion of the court shall be imposed upon any person found guilty of violating Section 4 of
this Act.
If the violator is a juridical person, its license or franchise shall be automatically be deemed revoked and the persons liable
shall be the officers thereof including the editor and reporter in the case of print media, and the station manager, editor and
broadcaster in the case of a broadcast media.
If the offender is a public officer or employee, or a professional, he/she shall be administratively liable.
If the offender is an alien, he/she shall be subject to deportation proceedings after serving his/her sentence and payment of
fines.
Section 6. Exemption. - Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer,
who is authorized by a written order of the court, to use the record or any copy thereof as evidence in any civil, criminal
investigation or trial of the crime of photo or video voyeurism: Provided, That such written order shall only be issued or
granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he/she
may produce, and upon showing that there are reasonable grounds to believe that photo or video voyeurism has been
committed or is about to be committed, and that the evidence to be obtained is essential to the conviction of any person for,
or to the solution or prevention of such, crime.
Section 7. Inadmissibility of Evidence. - Any record, photo or video, or copy thereof, obtained or secured by any person in
violation of the preceding sections shall not be admissible in evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.1avvphi1
Section 8. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the remaining provisions not
affected thereby shall remain valid and subsisting.
Section 9. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of instruction , administrative
order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.
Section 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette
or in two(2) newspapers of general circulation.
Any minor over 9 years of age and under 15 who is found begging or is being utilized for the purpose of begging and who acted with discernment
shall be proceeded against in accordance with the provisions of Chapter 3, Title VIII of Presidential Decree No. 603.
Any person not otherwise covered in the preceding paragraph of this Section who is found begging and who is physically or mentally incapable of
gainful occupation shall be provided the integrated package of services by the Department of Social Services and Development, the Welfare units
of local governments and other cooperating agencies.
Section 5. Criminal Liability. A mendicant as defined in Paragraph (a) Section 3 hereof, shall, upon conviction, be punished by a fine not exceeding
P500.00 or by imprisonment for a period not exceeding 2 years or both at the discretion of the court.
A habitual mendicant shall be punished by a fine not exceeding P1,000.00 or by imprisonment for a period not exceeding 4 years or both at the
discretion of the court.
Parents of exploited infants or minors under Section 4 of this Decree shall be proceeded against in accordance with Articles 59 and 60 of
Presidential Decree No. 603, unless they are themselves mendicants.
Any person who abets mendicancy by giving alms directly to mendicants, exploited infants and minors on public roads, sidewalks, parks and bridges
shall be punished by a fine nor exceeding P20.00.
Section 6. Information Program. The Department of Public Information shall conduct a nationwide educational and information program on the
Mendicancy Law and educate the public to contribute only to lawful fund raising projects and prevent the community in giving alms except through
organized agencies, subject to such rules and regulations as the Secretary of the Department of Public Information may promulgate.
Section 7. Local Programs And Facilities. Local governments shall provide socio-economic programs and establish operating units including
reception and action centers, sheltered workshops, constitute homes and other facilities for mendicants, subject to such rules and regulations as
the Secretary of the Department of Local Government and Community Development may promulgate.
Section 8. Health Needs. The Department of Health shall provide the necessary measures in meeting the health needs of mendicants, subject to
such rules and regulations as the Secretary of the Department of Health may promulgate.
Section 9. Law Enforcement. The Department of National Defense shall provide the necessary law enforcement and other related services for the
implementation of this Decree, subject to such rules and regulations as the Secretary of the Department of National Defense may promulgate.
Section 10. Integrated Network Of Services. The Department of Social Services and Development shall provide an integrated network of
appropriate services to exploited infants and children 8 years old and below as well as mendicant minors and adult mendicants and shall
coordinate the services related to the implementation of this Decree, subject to such rules and regulations as the Secretary of the Department of
Social Services and Development may promulgate.
Section 11. Appropriations. The sum of two million pesos (P2,000,000) is hereby authorized to be appropriated out of any funds in the National
Treasury that are not otherwise appropriated, in order to support the activities under this Decree.
Section 12. Repealing Clause. All laws, decrees, orders, rules and regulations which are inconsistent with this Decree are hereby repealed or
modified accordingly.
Section 13. Separability Of Provisions. If for any reason any section of provision of this Decree is declared unconstitutional or invalid, the other
sections or provisions thereof which are not affected thereby shall continue in full force and effect.
Section 14. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.