Penalties for Illegal Numbers Games

Policy and purpose: eradication mandate

Section 1 declares the policy of the State to promote a just and dynamic social order ensuring prosperity and independence of the nation and freeing the people from poverty through adequate social services, full employment, rising standard of living, and improved quality of life.
Section 1 commits the State to social justice through economic opportunities based on freedom of initiative and self-reliance.
Section 1 condemns illegal gambling activities such as illegal numbers games as a social menace and a source of corruption that undermines dignified work, perseverance, and thrift.
Section 1 directs the adoption of more stringent measures to stop and eradicate illegal numbers games anywhere in the country.

Key definitions for illegal numbers games

Section 2 defines Illegal Numbers Game as any form of illegal gambling activity that uses numbers or combinations thereof as factors in giving out jackpots.
Section 2 defines Jueteng as an illegal numbers game involving the combination of thirty-seven (37) numbers against thirty-seven (37) numbers from numbers one (1) to thirty-seven (37), or the combination of thirty-eight (38) numbers in some areas, where local lottery bets are placed and accepted per combination, including variants.
Section 2 defines Masiao as an illegal numbers game where the winning combination is derived from the results of the last game of Jai Alai or the Special Llave portion or any result thereof, based on any fictitious Jai Alai game consisting of ten (10) players, including variants.
Section 2 defines Last Two as an illegal numbers game where the winning combination is derived from the last two (2) numbers of the first prize of the winning Sweepstakes ticket during the weekly draw of the Philippine Charity Sweepstakes Office (PCSO), including variants.
Section 2 defines Bettor (“Mananaya,” “Tayador” or variants) as any person who places bets for himself/herself or on behalf of another person, or any person other than the personnel or staff of an illegal numbers game operation.
Section 2 defines Personnel or Staff of Illegal Numbers Game Operation to include persons acting in the interest of the maintainer, manager, or operator, such as accountant, cashier, checker, guard, runner, table manager, usher, watcher, or any other personnel with similar functions where the operation is conducted.
Section 2 defines Collector or Agent (“Cabo,” “Cobrador,” “Coriador” or variants) as a person who collects, solicits, or produces bets for a principal for any illegal numbers game and who is usually in possession of gambling paraphernalia.
Section 2 defines Coordinator, Controller or Supervisor (“Encargado” or variants) as any person who exercises control and supervision over the collector or agent.
Section 2 defines Maintainer, Manager or Operator as any person who maintains, manages, or operates an illegal numbers game in a specific area from whom the coordinator/controller/supervisor and collector/agent take orders.
Section 2 defines Financier of Capitalist as any person who finances the operations of any illegal numbers game.
Section 2 defines Protector or Coddler as any person who lends or provides protection, or receives benefits in any manner in the operation of any illegal numbers game.

Punishable acts and penalties by role

Section 3 imposes penalties on any person who participates in an illegal numbers game.
If the person acts as a bettor, the penalty is imprisonment from thirty (30) days to ninety (90) days (Section 3).
If the person acts as personnel or staff of an illegal numbers game operation, the penalty is imprisonment from six (6) years and one (1) day to eight (8) years (Section 3).
The same six (6) years and one (1) day to eight (8) years penalty applies to any person who allows his vehicle, house building or land to be used in the operation of illegal numbers games (Section 3).
If the person acts as a collector or agent, the penalty is imprisonment from eight (8) years and one (1) day to ten (10) years (Section 3).
If the person acts as a coordinator, controller or supervisor, the penalty is imprisonment from ten (10) years and one (1) day to twelve (12) years (Section 3).
If the person acts as a maintainer, manager or operator, the penalty is imprisonment from twelve (12) years and one (1) day to fourteen (14) years (Section 3).
If the person acts as a financier or capitalist, the penalty is imprisonment from fourteen (14) years and one (1) day to sixteen (16) years (Section 3).
If the person acts as a protector or coddler, the penalty is imprisonment from sixteen (16) years and one (1) day to twenty (20) years (Section 3).

Evidentiary, government liability, and special offenders

Section 4 deems the possession of any gambling paraphernalia and other materials used in illegal numbers game operation as prima facie evidence of any offense covered by the Act.
Section 5(a) provides that if the collector, agent, coordinator, controller, supervisor, maintainer, manager, operator, financier or capitalist of an illegal numbers game is a government employee and/or public official, whether elected or appointed, the penalty is:
- imprisonment of twelve (12) years and one (1) day to twenty (20) years, and
- a fine ranging from PHP 3,000,000.00 to PHP 5,000,000.00, and
- perpetual absolute disqualification from public office.
Section 5(a) imposes an additional accessory penalty of perpetual disqualification from public office on any local government official who, having knowledge of an illegal numbers game operation in the official’s jurisdiction, fails to abate or to take action, or tolerates it.
Section 5(b) provides that in case of failure to apprehend perpetrators of any illegal numbers game, a law enforcer suffers an administrative penalty of suspension or dismissal, to be imposed by the appropriate authority.
Section 6 imposes on any parent, guardian, or person exercising moral authority or ascendancy over a minor, ward or incapacitated person, a penalty of:
- imprisonment from six (6) months and one (1) day to one (1) year, or
- a fine ranging from PHP 100,000.00 to PHP 400,000.00,
  for inducing or causing the minor/ward/incapacitated person to commit offenses punishable under the Act.
Section 6 requires that upon conviction, such parent/guardian/person exercising moral authority or ascendancy shall be deprived of authority over the person in addition to the penalty imposed.

Recidivism, immunity, forfeiture, and court process

Section 7 provides that a recidivist who commits any offense punishable under the Act shall suffer the penalty next higher in degree as provided under Section 3.
Section 8 grants immunity from criminal prosecution to any person who:
- serves as a witness for the government or provides evidence in a criminal case involving violation of the Act, or
- voluntarily or by virtue of a subpoena testificandum or subpoena duces tecum:
  - produces, identifies, or gives testimony,
    subject to compliance with Presidential Decree No. 1732 (decree providing immunity from criminal prosecution to government witnesses) and the pertinent provisions of the Rules of Court.
Section 9(a) allows prosecution and conviction for offenses under the Act without prejudice to prosecution of any act or acts penalized under the Revised Penal Code or other existing laws.
Section 9(b) mandates that during the pendency of the case, no property or income used or derived therefrom which may be confiscated and forfeited shall be disposed, alienated, or transferred, and such property remains in custodia legis, and no bond is admitted for the release of the same.
Section 9(c) directs trial prosecutors to avail of provisional remedies provided under the Revised Rules on Criminal Procedure.
Section 9(d) requires confiscation and forfeiture in favor of the State upon conviction of:
- all proceeds,
- gambling paraphernalia,
- other instruments of the crime,
- including any real or personal property used in any illegal numbers game operation.
Section 9(d) establishes a prima facie presumption that assets and properties of the accused—whether owned or held in the accused’s name or in the name of another person—found to be manifestly out of proportion to the accused’s lawful income are proceeds of the offense, and these assets and properties are likewise confiscated and forfeited in favor of the State.

Witness, rewards, and implementation mechanics

Section 10 provides that any person who provides material information, whether testimonial or documentary, necessary for investigation or prosecution of individuals committing offenses under Sections 3, 4, 5, and 6 shall be placed under the Witness Protection Program pursuant to Republic Act No. 6981.
Section 11(a) authorizes rewards for any person who has knowledge or information of an offense under the Act and discloses it in a way that may lead to the arrest and final conviction of the offender; the reward is a certain percentage of the cash money or articles of value confiscated or forfeited to the government.
Section 11(a) requires that the reward percentage be determined through a policy guideline promulgated by the Department of Justice (DOJ) in coordination with the Department of the Interior and Local Government (DILG) and the National Police Commission (NAPOLCOM).
Section 11(b) directs the DILG, NAPOLCOM, and the DOJ to provide a system of rewards and incentives for law enforcement officers and for local government officials to ensure effective implementation.
Section 12 requires that within sixty (60) days from the effectivity of the Act, the DILG, DOJ, NAPOLCOM, and other concerned government agencies shall jointly promulgate implementing rules and regulations necessary for efficient and effective implementation.

Amendments, separability, and repeal rules

Section 13 contains a separability clause: if any section or provision, or its application, is declared invalid or unconstitutional, the remaining provisions remain in force and effect.
Section 14 provides that the pertinent provisions of Presidential Decree No. 1602, to the extent inconsistent with Republic Act No. 9287, are expressly amended or modified.
Section 15 repeals, amends, or modifies other laws, decrees, executive orders, rules, and regulations that are inconsistent with the Act.