State policy and condemnation
- The State promotes a just and dynamic social order ensuring national prosperity and independence, freeing the people from poverty through policies that provide adequate social services, promote full employment, raise the standard of living, and improve quality of life.
- Social justice is implemented through the creation of economic opportunities based on freedom of initiative and self-reliance.
- The State condemns illegal gambling activities such as illegal numbers games because they undermine dignified work, perseverance, and thrift by equating instant monetary gains with success.
- Illegal numbers games are treated as a widespread social menace and a source of corruption.
- The State adopts more stringent measures to stop and eradicate illegal numbers games in any part of the country.
Key defined illegal numbers terms
- “Illegal Numbers Game” means any form of illegal gambling activity that uses numbers or combinations thereof as factors in giving out jackpots.
- “Jueteng” means 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, as local lottery bets placed and accepted per combination, and its variants.
- “Masiao” means 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 pitted against one another, and its variants.
- “Last Two” means 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 which comes out during the weekly draw of the Philippine Charity Sweepstakes Office (PCSO), and its variants.
- “Bettor” (also termed “Mananaya,” “Tayador” or variants) means any person who places bets for himself/herself or in behalf of another person, or any person other than the personnel or staff of any illegal numbers game operation.
- “Personnel or Staff of Illegal Numbers Game Operation” means any person acting in the interest of the maintainer, manager, or operator—such as an accountant, cashier, checker, guard, runner, table manager, usher, watcher, or other personnel with similar functions in a building, structure, vessel, vehicle, or other place where an illegal numbers game is operated or conducted.
- “Collector or Agent” (also termed “Cabo,” “Cobrador,” “Coriador” or variants) means any person who collects, solicits, or produces bets for a principal for an illegal numbers game and who is usually in possession of gambling paraphernalia.
- “Coordinator, Controller or Supervisor” (also termed “Encargado” or variants) means any person who exercises control and supervision over the collector or agent.
- “Maintainer, Manager or Operator” means 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.
- “Financier of Capitalist” means any person who finances the operations of any illegal numbers game.
- “Protector or Coddler” means any person who lends or provides protection, or receives benefits in any manner, in the operation of any illegal numbers game.
Covered punishable acts and roles
- Section 3 punishes participation in any illegal numbers game and imposes penalties based on the participant’s role.
- A bettor is punished by imprisonment of thirty (30) days to ninety (90) days.
- Personnel or staff of an illegal numbers game operation are punished by imprisonment of six (6) years and one (1) day to eight (8) years.
- The same six (6) years and one (1) day to eight (8) years penalty is imposed on any person who allows his/her vehicle, house, building, or land to be used in the operation of the illegal numbers games.
- A collector or agent is punished by imprisonment of eight (8) years and one (1) day to ten (10) years.
- A coordinator, controller or supervisor is punished by imprisonment of ten (10) years and one (1) day to twelve (12) years.
- A maintainer, manager or operator is punished by imprisonment of twelve (12) years and one (1) day to fourteen (14) years.
- A financier of capitalist is punished by imprisonment of fourteen (14) years and one (1) day to sixteen (16) years.
- A protector or coddler is punished by imprisonment of sixteen (16) years and one (1) day to twenty (20) years.
Gambling paraphernalia evidentiary rule
- The possession of any gambling paraphernalia and other materials used in illegal numbers game operations is deemed prima facie evidence of any offense covered by the Act.
- This evidentiary rule applies to materials used in illegal numbers game operation, not limited to a specific role.
Government, officials, and law enforcers liable
- If the collector, agent, coordinator, controller, supervisor, maintainer, manager, operator, financier, or capitalist of any illegal numbers game is a government employee and/or public official (elected or appointed), the penalty is imprisonment of twelve (12) years and one (1) day to twenty (20) years.
- In addition to that imprisonment, the same offender is subject to a fine ranging from PHP 3,000,000.00 to PHP 5,000,000.00.
- The conviction of such government employee/public official carries perpetual absolute disqualification from public office.
- If a local government official fails to abate, to take action, or tolerates the operation within his/her jurisdiction despite knowledge of its existence, the accessory penalty of perpetual disqualification from public office is imposed.
- If a law enforcer fails to apprehend perpetrators, the law enforcer suffers an administrative penalty of suspension or dismissal, as imposed by the appropriate authority.
Parents/guardians and moral authority liability
- Section 6 imposes criminal liability on a parent, guardian, or person exercising moral authority or ascendancy over a minor, ward, or incapacitated person.
- Liability applies when that person induces or causes the minor, ward, or incapacitated person to commit offenses punishable under the Act.
- The penalty is imprisonment of six (6) months and one (1) day to one (1) year.
- The alternative/parallel monetary penalty is a fine ranging from PHP 100,000.00 to PHP 400,000.00.
- Upon conviction, the parent/guardian/moral authority person is deprived of authority over the affected minor/ward/incapacitated person in addition to the penalty imposed.
Recidivism and immunity from prosecution
- A recidivist who commits any offense punishable under the Act is punished with the penalty next higher in degree as provided for under Section 3.
- A person who serves as a witness for the government, provides evidence in a criminal case involving a violation of the Act, or produces/identifies/gives testimony (voluntarily or by subpoena testificandum or duces tecum) receives immunity from any criminal prosecution.
- The immunity is subject to compliance with the provisions of Presidential Decree No. 1732 (the decree providing immunity from criminal prosecution to government witnesses) and the pertinent provisions of the Rules of Court.
Prosecution, forfeiture, and custodial effects
- A person may be charged with or convicted of offenses covered by the Act without prejudice to the prosecution of acts penalized under the Revised Penal Code or other existing laws.
- During the pendency of the case, no property or income used or derived therefrom that may be confiscated and forfeited shall be disposed, alienated, or transferred.
- Seized property/income subject to possible confiscation and forfeiture must remain in custodia legis, and no bond is admitted for release of the same.
- Trial prosecutors must avail of provisional remedies provided for under the Revised Rules on Criminal Procedure.
- Upon conviction, the following are confiscated and forfeited in favor of the State: all proceeds, gambling paraphernalia, and other instruments of the crime, including any real or personal property used in any illegal numbers game operation.
- All assets and properties of the accused—whether owned or held in the accused’s name or in another person’s name—found to be manifestly out of proportion to lawful income are prima facie presumed to be proceeds of the offense and are confiscated and forfeited in favor of the State.
Witness protection program
- Any person who provides material information, whether testimonial or documentary, necessary for the investigation or prosecution of individuals committing offenses under Sections 3, 4, 5, and 6 must be placed under the Witness Protection Program pursuant to Republic Act No. 6981.
Informer’s reward and incentives
- Any person who discloses knowledge or information of an offense under the Act that may lead to the arrest and final conviction of the offender may be rewarded a certain percentage of the cash money or articles of value confiscated or forfeited in favor of the government.
- The percentage is 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).
- The DILG, NAPOLCOM, and the DOJ must provide for a system of rewards and incentives for law enforcement officers and local government officials to ensure effective implementation of the Act.
Implementing rules, separability, amendment, repeal
- Within sixty (60) days from the effectivity of the Act, the DILG, DOJ, NAPOLCOM, and other concerned government agencies must jointly promulgate implementing rules and regulations necessary for efficient and effective implementation.
- Section 13 provides separability: if any section or provision, or its application to any person/group/circumstance, is declared invalid or unconstitutional, the remaining provisions remain in force and effect.
- Section 14 amends Presidential Decree No. 1602 by expressly amending or modifying pertinent provisions in so far as they are inconsistent with the Act.
- Section 15 repeals, amends, or modifies inconsistent laws, decrees, executive orders, rules, and regulations.