QuestionsQuestions (Republic Act No. 9287)
RA 9287 declares the policy of the State to promote a just and dynamic social order, protect people from poverty through social services and economic opportunities, and condemn/eradicate illegal gambling (particularly illegal numbers games) as a social menace and source of corruption.
Any form of illegal gambling activity that uses numbers or combinations as factors in giving out jackpots.
An illegal numbers game involving combination of 37 numbers against 37 numbers from 1 to 37 (or 38 numbers in some areas), where bets are placed and accepted per combination, including its variants.
An illegal numbers game where the winning combination is derived from 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, including variants.
An illegal numbers game where the winning combination is derived from the last two (2) numbers of the first prize of the PCSO weekly Sweepstakes ticket, including variants.
Any person who places bets for himself/herself or on behalf of another person, or any person other than the personnel/staff of an illegal numbers game operation. The penalty is imprisonment of 30 days to 90 days.
Section 3 imposes imprisonment penalties depending on role: (1) bettor—30 days to 90 days; (2) personnel/staff and those allowing use of vehicle/house/building/land—6 years 1 day to 8 years; (3) collector/agent—8 years 1 day to 10 years; (4) coordinator/controller/supervisor—10 years 1 day to 12 years; (5) maintainer/manager/operator—12 years 1 day to 14 years; (6) financier/capitalist—14 years 1 day to 16 years; (7) protector/coddler—16 years 1 day to 20 years.
Possession of gambling paraphernalia and other materials used in operating an illegal numbers game is deemed prima facie evidence of an offense covered by the Act.
If the relevant operator/manager/financier/protector is a government employee or public official, the penalty is 12 years 1 day to 20 years and a fine of P3,000,000 to P5,000,000 plus perpetual absolute disqualification from public office. Also, a local official with knowledge who fails to abate/take action or tolerates the operation is subject to accessory perpetual disqualification.
Administrative penalty of suspension or dismissal, depending on the appropriate authority.
Section 6 imposes imprisonment of 6 months 1 day to 1 year OR a fine of P100,000 to P400,000 if they induce/causes the minor/ward/incapacitated person to commit the offense, and upon conviction they are deprived of authority over such person in addition to the penalty.
A recidivist who commits any offense under RA 9287 receives the penalty next higher in degree as provided under Section 3.
Any person who serves as witness for the government or provides evidence, and who voluntarily or by subpoena testificandum/duces tecum produces/identifies/gives testimony, is immune from criminal prosecution, subject to Presidential Decree No. 1732 and the pertinent Rules of Court.
Yes. The Act states a person may be charged with or convicted of offenses under RA 9287 without prejudice to prosecution of acts penalized under the Revised Penal Code or other existing laws.
During the case, property/income subject to confiscation and forfeiture cannot be disposed/alienated/transferred; it is in custodia legis and no bond is admitted for its release. Upon conviction, proceeds, gambling paraphernalia, instruments of the crime, and real/personal property used in operation are confiscated and forfeited in favor of the State.
All assets and properties of the accused owned/held in their name or another’s, found manifestly out of proportion to lawful income, are prima facie presumed to be proceeds of the offense and are subject to confiscation and forfeiture.
Section 10 provides witness protection under RA 6981 for material information necessary for investigation/prosecution. Section 11 allows informers to receive a reward (percentage of cash or articles confiscated/forfeited) as determined by DOJ guidelines in coordination with DILG and NAPOLCOM, including incentives for law enforcement/local officials.