Title
Penalizing possession related to jueteng
Law
Act No. 3242
Decision Date
Nov 27, 1925
The law prohibits the possession of any items related to the game of "jueteng" and imposes punishment for those found in possession, with possible deportation for non-citizens upon a second conviction.

Legal basis and amendment

  • Act No. 3242 amends Act Numbered Seventeen hundred and fifty-seven by inserting a new section to penalize jueteng-related possession.
  • The inserted provision is identified as Section 7A12.
  • The penalty for the new offense is anchored to Section 3 of Act Numbered Seventeen hundred and fifty-seven.
  • Section 2 confirms the effective date rule based on approval.

New jueteng-possession offense

  • Section 7A12 punishes any person who knowingly and without good reason has charge or possession of, or carries with him, any jueteng-related materials or devices.
  • The prohibited jueteng-related items include any number, list, memorandum, note, annotation, or device.
  • The items must in any manner pertain or have pertained to a game of “jueteng.”
  • The jueteng game may be held, is being held, or is to be held at a future time.

Mens rea and “without good reason”

  • The law requires that the person act knowingly.
  • The law requires that the act occurs without good reason for the person to be liable under Section 7A12.
  • Liability attaches to having charge or possession of or carrying jueteng-related items, not merely to having knowledge of the game.

Penalty reference and second-conviction deportation

  • Section 7A12 makes the offense punishable as provided in Section 3 of Act Numbered Seventeen hundred and fifty-seven.
  • On a second conviction for having played ‘jueteng’ or for having had in possession any paper or device pertaining thereto, the law imposes an additional consequence.
  • For a second conviction, if the convicted person is not a citizen of the Philippine Islands or the United States, the person may be sentenced to lie deported.
  • The deportation sanction is expressly tied to second conviction and to the citizenship qualification in Section 7A12.

Implementation and separability

  • Act No. 3242 does not provide any separate procedural steps, filing requirements, hearing requirements, or administrative implementation rules.
  • Act No. 3242 contains an express transitory/effectivity rule through Section 2: it takes effect on approval.
  • Act No. 3242 does not contain a separability clause or a sunset provision in its operative sections.

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