QuestionsQuestions (Act No. 1757)
Gambling is the playing of any game for money or a valuable consideration where the result depends wholly or chiefly upon chance or hazard, or where a mechanical invention/contrivance is used to determine by chance the loser or winner of money or valuable consideration.
A gambling house is any building/structure/vessel (or part thereof) in which gambling is frequently carried on, in which gambling is reputed to be frequently carried on, or to which or in which persons are invited or solicited to gamble.
It forbids gambling in a public place or in any building/structure/vessel (or part) to which the public is ordinarily admitted. Penalty: fine not less than P10 nor more than P500, or imprisonment up to 1 year, or both (discretion of the court). On second conviction, both fine and imprisonment shall be imposed.
Under Section 4, any person with charge, possession, or control of such premises who permits gambling to take place therein is punished as provided in Section 3.
Section 5 penalizes any person with charge/possession/control who permits gambling where (a) a charge is made for playing or use of premises/apparatus, or (b) a percentage is taken/collected, and persons with charge/possession/control of a gambling house—punished as in Section 3. It also states it does not repeal existing law regarding cockpits.
A loser (and specified successors/creditors) may recover within three years the money/consideration/thing and an additional amount equal to its value. The action makes all persons keeping/maintaining/having charge/control (and those permitting/with interest in/participating in) the gambling game jointly and severally liable.
No. Liability extends to persons keeping/maintaining/having charge or control, and those permitting/ having an interest in/participating in the gambling game, with joint and several liability.
It prohibits playing/conducting any game of monte, jueteng, any form of lottery or policy, any banking or per-game, and the use of any mechanical invention/contrivance that determines by chance the winner or loser of money or valuable consideration.
It expressly states it is no defense that the defendant acted as an agent of another or had no interest in the roll.
Within three years, they may recover the money/consideration/thing lost or its value in a suit against the banker/person conducting/owning the game/mechanical device, or persons with interest, or the person in charge/control/possession of the premises who knowingly permitted the operation. Those persons are jointly and severally liable.
Section 8 covers losses in any gambling house or other place where gambling is prohibited (not only gambling houses). It allows recovery within three years against the owner/tenant/person in charge/possession/control who knowingly permitted gambling or the operation of mechanical gambling devices. It includes recovery of the loss amount plus an additional amount equal to its value; all specified persons are jointly and severally liable.
No. No owner or other gambling contract is enforceable at law. A promissory note, check, order, IOU, vale, promise to pay, chit, or contract given for money with which to gamble or for money lost at gambling or as a stake is void—subject to a limited exception for good-faith purchasers for valuable consideration before maturity without notice.
An exception exists for persons purchasing such instruments for valuable consideration in good faith before maturity and not knowing (and having no knowledge of facts sufficient to put them upon notice) that the instrument was given for a gambling debt or money lost.
They are void. The value may be recovered within three years after the actual date or when the transfer took effect by suit by the grantor (or heirs/executors/administrators/judgment creditors) against the transferee and others holding under him or purchasing with knowledge sufficient to put them on notice of the nature of the consideration.
No person shall be excused from giving testimony on the ground that it would tend to convict him, but such testimony cannot be received against him in any criminal investigation/proceeding. However, the person is not exempt from prosecution for perjury committed in the course of such proceeding.
A card game where more money is lost by a person than should be lost based on his financial condition (considering responsibilities, honest debts, and injury to dependents/family) is deemed a gambling game, and participants are punished; winners are jointly and severally liable to the loser for the amount lost.
A peace officer charged with suppressing gambling who knowingly permits gambling within jurisdiction and willfully fails to perform duty is punished by a fine of not less than P50 nor more than P1,000 or imprisonment up to one year, or both (discretion of the court).
It repeals Article 1801 of the Civil Code and Articles 343 and 579 of the Penal Code, and all Acts/parts inconsistent or in conflict with Act No. 1757.
The Act repeatedly anchors criminal punishment to Section 3’s penalty range (fine P10–P500 and/or imprisonment up to 1 year), and enhances civil remedies (recovery plus an additional sum equal to value) with joint and several liability among liable participants/permitters and responsible persons.