Law Summary
Legal Basis for Anti-Gambling Campaign
- Jueteng and other illegal gambling activities are identified as persistent social problems harmful to society and public morals.
- PD No. 1602 prescribes stiffer penalties on illegal gambling.
- Local chief executives are mandated to enact measures against such illegal activities and monitor enforcement.
- Napolcom is tasked with monitoring local officials’ performance in their deputation functions.
Duties and Responsibilities of Local Chief Executives
- Serve as the prime movers in the campaign against illegal gambling within their jurisdiction.
- Exercising control and supervision over the Philippine National Police (PNP) anti-gambling operations.
- Required to prepare and implement operational plans against illegal gambling and furnish copies to DILG, Napolcom, and PNP regional offices.
- Pursue criminal prosecution of violators of PD No. 1602 and related laws.
Administrative and Criminal Liability for Non-Compliance
- Local executives who knowingly allow illegal gambling to persist may be held administratively liable for dereliction of duty under Section 60(c) of RA 7160.
- Their deputation may be withdrawn under Section 52 of RA 6975.
- Criminal prosecution may be pursued under Article 208 of the Revised Penal Code, RA 3019 (Anti-Graft and Corrupt Practices Act), and RA 6713 (Code of Conduct and Ethical Standards for Public Officials).
- Complaints must be lodged before the Office of the Ombudsman.
Presumption of Knowledge and Grounds for Liability
- Prima facie cases of knowledge include:
- At least three raids or operations resulting in arrests/confiscations without the executive's participation.
- Illegal gambling activities being publicly known and tolerated.
- Failure to cooperate with police operations or interceding for suspects or confiscated items.
- Monitoring reports indicating existence of illegal gambling for two or more months without action.
- Affidavits from reputable persons attesting to the existence of illegal gambling.
Ineffectiveness of Written or Verbal Orders Alone
- Issuance of orders or directives to stop illegal gambling is insufficient to absolve local executives from liability if prima facie knowledge or failure is established by evidence.
Definition of Neglect of Duty
- Supreme Court ruling cited (Juan Coronado vs. Sandiganbayan) defines neglect of duty as failure to exercise due diligence and perform required tasks.
Implementation and Monitoring
- The Regional Multi-Sectoral Monitoring Team (RMMT) on Anti-Gambling is the Office of Primary Responsibility for enforcement ensuring compliance.
- RMMT operates under Department Orders and Napolcom Office Orders.
Repeal and Effectivity
- Prior Napolcom issuances inconsistent or contrary to this Circular are modified or repealed.
- Circular to be published and filed as per Administrative Code requirements.
- Copies furnished to key government offices including the Office of the President, Civil Service Commission, and the Office of the Ombudsman.