Anti-Gambling Act of 1907

Policy and declared purpose

Section 13 orders repeal of inconsistent provisions to carry out the prohibition of gambling under the Act.
Section 14 declares that the public good requires speedy enactment and expedites passage accordingly.

Core definitions: gambling and gambling house

Section 1 defines “gambling” as playing any game for money or any representative of value or valuable consideration or thing, where the result depends wholly or chiefly upon chance or hazard, or depends on the use of any mechanical invention or contrivance to determine by chance the loser or winner of money or of any representative of value or valuable consideration or thing.
Section 2 defines “gambling house” as any building or structure or vessel, or part thereof, in which gambling is frequently carried on, or in which gambling is reputed to be frequently carried on, or to which or in which any person is invited or solicited to gamble.

Prohibited gambling places and operators

Section 3 prohibits gambling in a public place or in any building, structure, vessel, or part thereof to which the public is ordinarily admitted.
Section 3 punishes a violator of the prohibition with a fine of not less than ten pesos nor more than five hundred pesos or imprisonment for not more than one year, or both, at the discretion of the court.
Section 3 requires that in the case of a second conviction, both fine and imprisonment shall be imposed.
Section 4 punishes any person having charge or in possession or control of a building, structure, vessel, or part thereof to which the public is ordinarily admitted who permits gambling to take place therein using the same penalty framework as Section 3.
Section 5 punishes any person with charge, possession, or control of any building, structure, or vessel (or any part thereof) who permits a gambling game to take place where a charge is made for playing or for the use of the premises or apparatus, or where any percentage is taken or collected, and any person with charge or possession/control of a gambling house.
Section 5 provides a limitation: nothing in that section repeals provisions of Act Numbered Fifteen hundred and thirty-seven or existing law as to cockpits.

Punishable gambling-house participation and recovery

Section 6 punishes any person who keeps, maintains, has charge or possession or control of a gambling house; who knowingly permits property owned by him to be used as a gambling house; or who has any interest in a gambling house, using the penalty set in Section 3.
Section 6 allows a person who loses money or valuable consideration or thing in a gambling house (and also the person’s heirs, executors, administrators, or judgment creditor) to recover the same or its value plus an additional sum equal to the value thereof.
Section 6 requires that the action be brought within three years after the loss.
Section 6 makes all persons keeping, maintaining, having charge or control of any gambling game, or permitting or having any interest in or participating in it, jointly and severally liable in the recovery action.
Section 7 prohibits playing at and conducting any game of monte jueteng, or any form of lottery or policy or any banking or per-game, or using any mechanical invention or contrivance to determine by chance the winner or loser of money or representative of value.
Section 7 punishes persons taking part in those games or owning or operating the mechanical invention or contrivance using the penalty framework in Section 3.
Section 7 states that it is no defense to criminal action that the defendant acted as an agent of another or had no interest in the matter.
Section 7 gives a 3-year right of recovery to the loser (and heirs/executors/administrators/judgment creditors) against the banker or conductor/owner of the game or mechanical invention/contrivance, and against persons having interest and the person in charge/control/possession of the premises who knowingly permits the game or operation; all such persons are jointly and severally liable.
Section 8 allows a person who loses money or valuable consideration or thing in a gambling house or other place where gambling is prohibited (and heirs/executors/administrators/judgment creditors) to recover, plus an additional amount equal to the value of the loss.
Section 8 requires that the action be brought within three years after the loss.
Section 8 requires suit against the owner, tenant, or person in charge, possession, or control of the gambling house or prohibited place who knowingly permitted gambling to be carried on, or the operation of a mechanical gambling device/invention; all such persons are jointly and severally liable.

Specific gambling methods and liability

Section 7 includes monte jueteng, lotteries, policy games, banking or per-game, and chance-determining mechanical inventions or contrivances within the prohibition.
Section 11 classifies as a gambling game any game of cards where more money is lost by any person than should be lost by that person considering: (1) financial condition; (2) all responsibilities; (3) honest debts; and (4) injury done to family or others dependent for support.
Section 11 punishes all persons engaging in such game with a fine of not less than ten pesos nor more than five hundred pesos.
Section 11 imposes joint and several liability: all winners engaging in such game are jointly and severally liable to the loser for the amount lost.

Void gambling contracts and recoverable transfers

Section 9 provides that no owner or other gambling contract is enforceable at law.
Section 9 provides that instruments given for gambling debts or gambling losses—such as a promissory note, check, order for the payment of money, I. O. U., vale promise to pay, “chit,” or contract or agreement given for money with which to gamble or for money lost at gambling or as a stake—are void.
Section 9 recognizes an exception: the instruments are enforceable only as to persons purchasing the same for a valuable consideration in good faith before maturity who did not know and had no knowledge of facts sufficient to put them upon notice that the instrument was given for a gambling debt or for money lost at gambling or as a stake.
Section 9 declares that any conveyance or transfer of any property, real or personal, valuable thing, chose in action, franchise, or privilege made for the purpose of gambling or as a stake or to pay gambling losses or debts is void.
Section 9 gives a recovery action: the subject transfer or its value may be recovered within three years after the actual date of the conveyance/transfer or after the date the transfer took effect.
Section 9 requires suit by the grantor (and heirs/executors/administrators/judgment creditors) against the transferee and all persons holding under the transferee or purchasing from the transferee having knowledge of facts sufficient to put them upon notice as to the nature of the consideration of the original transfer.

Evidence and testimony protections

Section 10 provides that in investigations or proceedings for violation of the Act, no person shall be excused from giving testimony on the ground that the testimony would tend to convict that person.
Section 10 provides that testimony given under this rule cannot be received against the witness in the criminal investigation or proceeding.
Section 10 provides that a person who testifies is not exempt from prosecution or punishment for perjury committed in the course of the proceeding or investigation under the Act.

Duties and penalties for peace officers

Section 12 punishes any peace officer tasked with suppressing gambling who knowingly permits gambling within jurisdiction and willfully fails to perform duty.
Section 12 sets penalties for that officer as a fine of not less than fifty pesos nor more than one thousand pesos or imprisonment for not exceeding one year, or both at the discretion of the court.

Repeal, related provisions, and separability

Section 13 repeals Article eighteen hundred and one of the Civil Code and Articles three hundred and forty-three and five hundred and seventy-nine of the Penal Code.
Section 13 also repeals all Acts and parts of Acts inconsistent or in conflict with Act No. 1757.
Act No. 1757 contains no separability or sunset clause provisions.

Speedy enactment and procedural timeline

Section 14 orders that passage is expedited in accordance with section two of “An Act proscribing the order of procedure by the Commission in the enactment of laws,” passed September twenty-sixth, nineteen hundred.
Section 15 fixes the commencement of legal effect at passage.