AN ACT INCREASING THE PENALTIES FOR ILLEGAL NUMBERS GAMES

Case Overview and Summary

Declaration of Policy
- The State condemns illegal gambling activities like illegal numbers games as they promote disregard for dignified work, perseverance, and thrift. (Section 1)
- The State aims to adopt stringent measures to stop and eradicate illegal numbers games. (Section 1)

Definitions (Section 2)
- Illegal Numbers Game: Any illegal gambling activity using numbers or combinations as factors for jackpots.
- Jueteng: An illegal numbers game involving combinations of 37 or 38 numbers serving as a local lottery.
- Masiao: An illegal numbers game where the winning combination is derived from Jai Alai game results.
- Last Two: An illegal numbers game where the winning combination is derived from the last two digits of the PCSO weekly draw first prize.
- Bettor: Any person who places bets.
- Personnel or Staff: Any person acting in the interest of the operation, like accountants, cashiers, guards, etc.
- Collector or Agent: Any person who collects or solicits bets on behalf of a principal.
- Coordinator, Controller or Supervisor: Any person who exercises control and supervision over collectors or agents.
- Maintainer, Manager or Operator: Any person who maintains, manages or operates an illegal numbers game in a specific area.
- Financiers or Capitalist: Any person who finances the operations of an illegal numbers game.
- Protector or Coddler: Any person who provides protection or receives benefits from the operation.

Punishable Acts and Penalties (Section 3)
- Bettor: 30 to 90 days imprisonment.
- Personnel or Staff: 6 years and 1 day to 8 years imprisonment. Same penalty for allowing property to be used for operations.
- Collector or Agent: 8 years and 1 day to 10 years imprisonment.
- Coordinator, Controller or Supervisor: 10 years and 1 day to 12 years imprisonment.
- Maintainer, Manager or Operator: 12 years and 1 day to 14 years imprisonment.
- Financier or Capitalist: 14 years and 1 day to 16 years imprisonment.
- Protector or Coddler: 16 years and 1 day to 20 years imprisonment.

Possession of Gambling Paraphernalia (Section 4)
- Possession of gambling paraphernalia or materials is prima facie evidence of an offense under this Act.

Liability of Government Employees and Public Officials (Section 5)
- If the offender is a government employee or public official, the penalty is 12 years and 1 day to 20 years imprisonment, a fine of P3,000,000 to P5,000,000, and perpetual absolute disqualification from public office.
- Local government officials who fail to take action against illegal numbers games in their jurisdiction face perpetual disqualification from public office.
- Law enforcers who fail to apprehend perpetrators face suspension or dismissal.

Liability of Parents/Guardians (Section 6)
- Parents, guardians or persons exercising authority over a minor, ward or incapacitated person who induces them to commit an offense under this Act face 6 months and 1 day to 1 year imprisonment or a fine of P100,000 to P400,000, and deprivation of authority over the minor, ward or incapacitated person.

Recidivism (Section 7)
- The penalty next higher in degree shall be imposed on recidivists.

Immunity from Prosecution (Section 8)
- Witnesses for the government or those providing evidence are immune from criminal prosecution, subject to compliance with Presidential Decree No. 1732 and the Rules of Court.

Prosecution, Judgment and Forfeiture of Property (Section 9)
- Prosecution under this Act does not preclude prosecution under the Revised Penal Code or other laws.
- During the case, no property or income used or derived from the offense shall be disposed of, alienated or transferred, and shall be in custodia legis.
- Upon conviction, all proceeds, gambling paraphernalia, instruments of the crime, and properties used in the operation shall be confiscated and forfeited in favor of the State.
- Assets and properties of the accused found to be out of proportion to lawful income shall be presumed proceeds of the offense and confiscated.

Witness Protection (Section 10)
- Any person providing material information for investigation or prosecution shall be placed under the Witness Protection Program pursuant to Republic Act No. 6981.

Informer's Reward (Section 11)
- Any person whose information leads to the arrest and final conviction of an offender may be rewarded a percentage of the confiscated cash or articles, as determined by policy guidelines from the DOJ, DILG and NAPOLCOM.
- The DILG, NAPOLCOM and DOJ shall provide a system of rewards and incentives for law enforcement officers and local government officials for effective implementation.

Implementing Rules and Regulations (Section 12)
- Within 60 days of effectivity, the DILG, DOJ, NAPOLCOM and other agencies shall jointly promulgate implementing rules and regulations.

Separability Clause (Section 13)
- If any provision is declared invalid or unconstitutional, the remaining provisions shall remain in force and effect.

Amendatory Clause (Section 14)
- Pertinent provisions of Presidential Decree No. 1602 inconsistent with this Act are expressly amended or modified accordingly.

Repealing Clause (Section 15)
- Provisions of other laws, decrees, executive orders, rules and regulations inconsistent with this Act are repealed, amended or modified accordingly.

Effectivity (Section 16)
- This Act shall take effect 15 days after publication in at least two national newspapers of general circulation.