Philippines Gaming Laws: An Overview

Thanks to Joanna Dizon, here we have a very interesting article on the Philippines Gaming laws, if you want to write an article for GamingTechLAW, just drop an email to me, Giulio Coraggio. Enjoy the article!

Punishable Games:

In general, punishable games are divided by above laws in the following categories:

• forms of gambling and betting which includes illegal or unauthorized games of cockfighting, jueteng, jai-alai or horse racing including bookie operations, game fixing, numbers, bingo, masiao, last two and other forms of lotteries;
• games using dice such as cara y cruz, 7-11, pompiang, and similar others;
• card games such as black jack, lucky nine, poker, and its derivatives, monte, baccarat, cuajo, pangguingue, and similar others;
• games using plastic tiles such as paik que, high and low, mahjong, domino and similar others;
• games using mechanical contraptions and devices such as slot machines, roulette, pinball, and similar others;
• forms of races such as dog racing, boat racing, car racing, and similar others;
• forms of individual or team contests such as basketball, boxing, volleyball, bowling, pingpong, point shaving and other machinations where waging of either money or other articles of value is involved;
• games such as banking or percentage game;
• other games analogous to any of the categories previously enumerated where waging is involved and money or any article of value is at stake.

Punishable Acts:

• direct or indirect participation in any prohibited game;
• under the Revised Penal Code of the Philippines, punishable acts include deliberately allowing any form of gambling in any inhabited or uninhabited place, building, vessel or other means of transportation owned or controlled by the offender; the importation of lottery tickets or any advertisements of such in the country; sale of said tickets; and even mere possession of the tickets;
• P.D. 1602, on the other hand, punishes willful possession without authority of any lottery list, paper or other matter containing letters, figures, signs or symbols relevant to or in any manner used in the games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers, regardless of whether actual gambling is taking place. Failure of a barangay official to stop the operations of a gambling place within his jurisdiction despite knowledge thereof also makes him liable;
• under R.A. 9287, a parent, guardian, or any person exercising authority or moral ascendancy over the minor, ward, or incapacitated person who induces the latter to participate in any illegal numbers game shall also be liable.

Who is liable:

The persons considered liable are those enumerated below:

• Bettors, persons betting through another, and the like;
• Government officials who participate in gambling operations whether indirectly as a maintainer, conductor or operator, or directly as the umpire, coach, judge, and the like in cases of game fixing, point shaving and machination;
• under R.A. 9287, the following persons are likewise held liable for participating in illegal numbers games:

1. collectors or agents also referred to as cobrador, cabo, coriador—those who collect bets in behalf of other persons and who are usually in possession of gambling paraphernalia;
2. coordinators, controllers, or supervisors also known as encargado—those who take charge of the collectors or agents;
3. personnel or staff of the maintainer, manager, or operator—watchmen, ushers, table manager or any other person responsible for ensuring the smooth flow of actual gambling operations;
4. maintainer, manager, or operator—those mainly responsible for the entire operations of illegal numbers games and from whom the coordinators or collectors take orders;
5. financiers or capitalists—those who furnish the needed capital for the gambling operations
6. protectors or coddlers–those who provide protection or any insulation from apprehension of the offenders.

• under P.D. 1602, any security officer, security guard, watchman, private or house detective of hotels, villages, buildings, enclosures and similar other places having the reputation of a gambling den or places where actual gambling activities are held shall likewise be liable.