QuestionsQuestions (Commonwealth Act No. 235)
Commonwealth Act No. 235 amends Article 195 of the Revised Penal Code.
It punishes acts that constitute participation in gambling, permitting gambling to be carried on, and possession of materials related to certain gambling games (specifically jueteng and similar games), with penalties varying by role.
Any person other than the categories mentioned in subsections (b) and (c) who directly or indirectly participates in such gambling games or schemes.
The result must depend wholly or chiefly upon chance or hazard, including situations where wagers of money or things of value are made, or where mechanical contrivances are used to determine the loser or winner by chance.
Arresto menor or a fine not exceeding two hundred pesos; in case of recidivism, arresto mayor or a fine ranging from two hundred to six thousand pesos.
A person who knowingly permits gambling (referred to in Article 195(a)(1)) to be carried on in any place or in any building/vessel/means of transportation owned or controlled by him.
The culprit is punished by the penalty provided for in Article 195 in its maximum period.
Prision correctional in its maximum degree.
Article 195(b) targets the maintainer/conductor/banker (more responsible roles) who receive a much heavier penalty than the general participant under Article 195(a)(1).
The law requires that the person knowingly and without lawful purpose has possession of specified materials.
Lottery lists, paper, or other matter containing letters, figures, signs, or symbols pertaining to or used in the game of jueteng (or similar games) that has taken place or is about to take place.
Prision correctional in its medium degree.
No. Liability attaches to the taking part in the gambling scheme/game as described, regardless of who wins or loses, because the focus is on participation in games dependent on chance/hazard or mechanical determination by chance.
They include money, articles of value, or representative of value.
Participation can be direct or indirect, meaning a person may be involved without being physically present in the immediate act of playing.
That (1) gambling referred to in Article 195(a)(1) was being carried on; (2) the accused knowingly permitted it; and (3) the gambling was carried on in a place/building/vessel/means of transportation owned or controlled by the accused.
It applies even if the game “has taken place or [is] about to take place,” as long as the materials pertain to or are used in the game described.
Upon its approval, which was September 16, 1937.