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.