Law Summary
Definition of a Gambling House
- Any building, structure, vessel, or part thereof where gambling is frequently conducted or reputed to be conducted.
- Includes places where persons are invited or solicited to gamble.
Prohibition and Penalties for Gambling in Public Places
- Gambling is forbidden in public places or buildings where the public is admitted.
- Penalties include fines from 10 to 500 pesos, imprisonment up to one year, or both.
- Upon a second conviction, both fine and imprisonment are imposed.
Responsibility of Persons in Charge of Public Places
- Persons in charge or control of buildings or vessels open to the public who allow gambling are punishable under the same penalties as above.
Liability for Permitting Gambling with Charges or Interest
- Those who permit gambling where charges are imposed for playing or using premises/apparatus or where a percentage is collected face penalties similar to gambling prohibitions.
- Provisions do not repeal existing laws on cockfighting.
Penalties for Keeping or Having Interest in Gambling Houses
- Persons who keep, maintain, or control gambling houses, or knowingly allow property to be used as gambling houses, are punishable.
- Persons losing money in such gambling houses have up to three years to recover the money lost plus an equivalent amount through legal action.
- Persons involved in maintaining or benefiting from the gambling house are jointly and severally liable.
Prohibition of Specific Games and Mechanical Devices
- Games such as monte jueteng, lotteries, policies, banking or per-games, or mechanical devices used to determine outcomes by chance are prohibited.
- Any participant, owner, or operator faces penalties.
- Defense of being an agent or having no interest in results is disallowed.
- Losers or their representatives may file suits for recovery within three years against responsible parties who are jointly and severally liable.
Recovery of Losses from Gambling in Prohibited Places
- Persons losing money in gambling houses or prohibited places can recover their losses plus an equivalent sum within three years.
- Actions can be brought against owners, tenants, or those in control who knowingly allow gambling or mechanical gambling devices.
- All responsible parties are jointly and severally liable.
Nullity of Gambling Contracts and Transfers
- No gambling-related contract, debt, or instrument (notes, checks, IOUs, etc.) is enforceable by law.
- Exception: bona fide purchasers for value without knowledge of gambling consideration.
- Conveyances or transfers made to pay gambling debts or as stakes are void.
- Such transfers can be recovered by the original owner or heirs within three years.
Compelled Testimony and Immunity
- Persons cannot refuse to testify in proceedings under this Act on self-incrimination grounds.
- Testimony given cannot be used against the person in criminal proceedings.
- Immunity does not exempt the person from prosecution for perjury.
Definition of Gambling by Excessive Loss in Card Games
- Card games where a player loses more money than reasonably bearable considering financial status, debts, family responsibilities are gambling games.
- Participants face fines between 10 and 500 pesos.
- Winners are jointly and severally liable to losers.
Liability of Peace Officers in Enforcing the Act
- Peace officers who knowingly permit gambling in their jurisdiction or fail to suppress it will face fines between 50 and 1,000 pesos, imprisonment up to one year, or both.
Repeal of Conflicting Laws
- Article 1801 of the Civil Code and Articles 343 and 579 of the Penal Code, and inconsistent laws with this Act, are repealed.
Expedite Enactment for Public Good
- The Act was enacted with expedited legislative procedure due to public necessity.
Effectivity
- The Act took effect immediately upon its passage.