QuestionsQuestions (PRESIDENTIAL DECREE NO. 1602)
P.D. 1602 was issued by President Ferdinand E. Marcos pursuant to powers vested by the Constitution. Its purpose is to prescribe stiffer penalties to better discourage and stamp out illegal gambling, considering that earlier laws and local ordinances prescribed inadequate penalties.
It lists many games, including cockfighting-related schemes; jueteng; jai-alai/horse racing bookies; game fixing; numbers/bingo/lotteries; cara y cruz, pompiang, and dice games; blackjack, poker and derivatives; monte; baccarat/cuajo; mahjong/domino games; slot machines, roulette, pinball, and other devices; dog/boat/car racing; and sports contests including game fixing and point shaving; as well as banking/percentage games and any scheme where wagers of value are at stake.
Section 1(a)(1) covers persons who “take part” directly or indirectly in illegal or unauthorized gambling activities (listed games/schemes), with penalties of prision correcional in its medium period or a fine, and higher penalties upon recidivism. Section 1(b) imposes a different penalty (prision correcional in its maximum or a fine) on the “maintainer or conductor” of the schemes.
The person who knowingly permits gambling is penalized with prision correcional in its medium period or a fine (6,000). If the place has a reputation as a gambling place, prohibited gambling is frequently carried on, or it is a public/government building or barangay hall, then the penalty becomes prision correccional in its maximum period plus a 6,000 fine.
It increases liability: the penalty is prision mayor in its medium period with temporary absolute disqualification (or a fine of 6,000) when the maintainer/conductor/banker is a government official, or when the government official is a player, promoter, referee, umpire, judge, or coach in case of game fixing or point shaving.
The penalty is prision correcional in its medium period (as stated in the text) or a fine ranging from 400 to 2,000 pesos.
Barangay officials who, with knowledge of a gambling house/place in their jurisdiction, fail to abate it or take action are penalized with temporary absolute disqualification.
Security officers, security guards, watchmen, and private/hired detectives of such premises are penalized with prision correcional in its maximum period or a fine ranging from 500 to 2,000 pesos.
No. Section 1(a)(1) expressly covers any person other than those in succeeding sub-sections who, in any manner, directly or indirectly takes part in illegal or unauthorized gambling activities.
Any person who discloses information leading to the arrest and final conviction of the malefactor is entitled to a reward of 20% of the cash or articles of value confiscated or forfeited in favor of the government.
It repeals provisions of Articles 195–199 of the Revised Penal Code (as amended), R.A. 3063, P.D.s 483, 449, 510, 1306, related letters of instructions, executive orders, rules and regulations, and city/municipal ordinances that are inconsistent with P.D. 1602.
It takes effect immediately upon publication at least once in a newspaper of general circulation.
The decree treats these categories more severely because they are presumed to have greater authority or duty to prevent gambling—e.g., government officials involved as players/promoters/referees, and barangay officials who fail to abate gambling despite knowledge.
Typically: (1) the person knowingly permitted gambling to be carried on, (2) the gambling occurred in a place/building/vessel/means of transportation owned or controlled by the accused, and (3) circumstances may aggravate liability if the place is known for gambling, frequently carries on prohibited gambling, or is a public/government building or barangay hall.
P.D. 1602 increases penalties and repeals inconsistent provisions of Articles 195–199 of the Revised Penal Code insofar as they conflict with P.D. 1602.