Authority and legal basis
- Commonwealth Act No. 235 is enacted by the National Assembly of the Philippines.
- Section 1 amends Article 195 (Gambling) of the Revised Penal Code.
- The operative rule on gambling offenses is contained in the amended text of Article 195.
Coverage: what gambling acts are punishable
- Article 195(a)(1) penalizes any person who, in any manner, directly or indirectly takes part in gambling games such as “monte,” “jueteng,” or any other form of lottery, policy, banking or percentage game, or schemes where the result depends wholly or chiefly upon chance or hazard.
- Article 195(a)(1) covers gambling where wagers are made consisting of money, articles of value, or representative of value.
- Article 195(a)(1) includes gambling determined by the exploitation or use of any mechanical invention or contrivance to determine by chance the loser or winner of money or any object or representative of value.
- Article 195(a)(2) penalizes any person who knowingly permits such forms of gambling to be carried on in any inhabited or uninhabited place or in any building, vessel, or other means of transportation owned or controlled by him.
- Article 195(b) penalizes the maintainer, conductor, or banker in a game of “jueteng” or any similar game.
- Article 195(c) penalizes any person who, knowingly and without lawful purpose, has in his possession a lottery list, paper, or other matter containing letters, figures, signs, or symbols used in “jueteng” or any similar game that has taken place or is about to take place.
Offense standards and elements
- Article 195(a)(1) requires participation “in any manner” (directly or indirectly) in covered gambling games and schemes.
- Article 195(a)(1) requires that the game’s result depends wholly or chiefly upon chance or hazard or includes wagers of money or value.
- Article 195(a)(2) requires that the accused knowingly permits gambling to be carried on in places or conveyances owned or controlled by him.
- Article 195(a)(2) applies whether the gambling occurs in inhabited or uninhabited places, or in buildings, vessels, or other means of transportation.
- Article 195(b) requires that the accused is the maintainer, conductor, or banker of jueteng or a similar game.
- Article 195(c) requires possession that is knowingly made and without lawful purpose, of documents or materials containing relevant symbols used in jueteng or similar games.
Penalties and penalty ranges
- Article 195(a) provides the base penalties for persons other than those under subsections (b) and (c).
- Under Article 195(a)(1), the penalty is arresto menor or a fine not exceeding two hundred pesos.
- Under Article 195(a)(1), in case of recidivism, the penalty is arresto mayor or a fine ranging from two hundred to six thousand pesos.
- Under Article 195(a)(2), if the place has the reputation of a gambling place or prohibited gambling is frequently carried on therein, the culprit is punished using the maximum period of the penalty provided in this article for the subsection under which the act falls.
- Under Article 195(b), the penalty is prision correctional in its maximum degree for the maintainer, conductor, or banker in jueteng or a similar game.
- Under Article 195(c), the penalty is prision correctional in its medium degree for a person who knowingly and without lawful purpose possesses lottery lists or related materials used in jueteng or similar games that have taken place or are about to take place.
Special aggravation rule for permitting gambling
- Article 195(a)(2) imposes a heightened punishment mechanism based on the reputation or frequency of gambling in the place.
- If the place where gambling is carried on has the reputation of a gambling place or prohibited gambling is frequently carried on therein, the penalty is imposed in its maximum period.
- The heightened rule applies to the person who knowingly permits gambling to be carried on in places or conveyances owned or controlled by him.
- The heightened rule applies regardless of whether the place is inhabited or uninhabited, as long as the statutory conditions are met.
Possession offense for jueteng materials
- Article 195(c) targets possession of a lottery list, paper, or other matter containing letters, figures, signs, or symbols.
- The covered materials must “pertain to or are in any manner used in” jueteng or any similar game.
- The possession must be knowingly made and without lawful purpose.
- The offense covers materials relating to a jueteng or similar game that has taken place or is about to take place.
- The penalty for Article 195(c) is prision correctional in its medium degree.
Implementing, separability, repeal, and transitory rules
- Section 1 amends Article 195 by substituting its contents with the enumerated gambling offenses and penalties.
- Section 2 contains the effectivity rule: the act takes effect upon approval.
- The act does not provide any separability clause, repealing clause, sunset clause, or transitory provisions beyond the effectivity statement.