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H. Anti-Illegal Numbers Games Law

1. CONCEPTS

“Illegal Numbers Game” – refers to any form illegal gambling activity which uses numbers or combinations thereof as factors in giving out jackpots. (Section 2[a], P.D. 1602, as amended by R.A. 9287)

“Jueteng” – refers to an illegal numbers game that involves the combination of thirty-seven (37) numbers against thirty-seven (37) numbers from number one (1) to thirty seven (37) or the combination of thirty-eight (38) numbers in some areas, serving as a form of local lottery where bets are placed and accepted per combination, and its variants. (Section 2[b], Ibid.)

“Masiao” – refers to 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. (Section 2[c], Ibid.)

“Last Two” – refers to 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. (Section 2[d], Ibid.)

“Bettor” (“Mananaya”, “Tayador” or variants thereof) – refers to 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. (Section 2[e], Ibid.)

“Personnel,” or “Staff of Illegal Numbers Game Operation” – refers to any person, who acts in the interest of the maintainer, manager or operator, such as, but not limited to, an accountant, cashier, checker, guard, runner, table manager, usher, watcher, or any other personnel performing such similar functions in a building structure, vessel, vehicle, or any other place where an illegal numbers game is operated or conducted. (Section 2[f], Ibid.)

“Collector” or “Agent” (“Cabo”, “Cobrador”, “Coriador” or variants thereof) – refers to any person who collects, solicits or produces bets in behalf of his/her principal for any illegal numbers game who is usually in possession of gambling paraphernalia. (Section 2[g], Ibid.)

“Coordinator,” “Controller,” or “Supervisor” (“Encargado” or variants thereof) – refers to any person who exercises control and supervision over the collector or agent. (Section 2[h], Ibid.)

“Maintainer,” “Manager,” or “Operator” – refers to any person who maintains, manages or operates any illegal number game in a specific area from whom the coordinator, controller or supervisor, and collector or agent take orders. (Section 2[i], Ibid.)

“Financiers” or “Capitalist” – refers to any person who finances the operations of any illegal numbers game. (Section 2[j], Ibid.)

“Protector” or “Coddler” – refers to any person who lends or provides protection, or receives benefits in any manner in the operation of any illegal numbers game. (Section 2[k], Ibid.)

a. Possession of gambling paraphernalia or materials

The possession of any gambling paraphernalia and other materials used in the illegal numbers game operation shall be deemed prima facie evidence of any offense covered by this Act. (Section 4, Ibid.)

b. Liability of Government employees and/or public officials

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, whether elected or appointed shall suffer the penalty of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three million pesos (P3,000,000.00) to Five million pesos (P5,000,000.00) and perpetual absolute disqualification from public office. (Section 5[a], Ibid.)

In addition to the penalty provided in the immediately preceding section, the accessory penalty of perpetual disqualification from public office shall be imposed upon any local government official who, having knowledge of the existence of the operation of any illegal numbers game in his/her jurisdiction, fails to abate or to take action, or tolerates the same in connection therewith. (Paragraph 2, Section 5[a], Ibid.)

c. Failure to apprehend

In the case of failure to apprehend perpetrators of any illegal numbers game, any law enforcer shall suffer an administrative penalty of suspension or dismissal, as the case may be, to be imposed by the appropriate authority. (Section 5[b], Ibid.)

d. Liability of parents/guardians

The penalty of imprisonment from six (6) months and one (1) day to one (1) year or fine ranging from One hundred thousand pesos (P100,000.00) to Four hundred thousand pesos (P400,000.00) shall be imposed upon any parent, guardian or person exercising moral authority or ascendancy over a minor, ward or incapacitated person, and not otherwise falling under any of the foregoing subsections, who induces or causes such minor, ward or incapacitated person to commit any of the offenses punishable in this Act. Upon conviction, the parent, guardian or person exercising moral authority or ascendancy over the minor, ward or incapacitated person shall be deprived of his/her authority over such person in addition to the penalty imposed. (Section 6, Ibid.)

2. RECIDIVISM

The penalty next higher in degree as provided for under Section 3 hereof shall be imposed upon a recidivist who commits any of the offenses punishable in this Act. (Section 7, Ibid.)

3. IMMUNITY FROM PROSECUTION

WITNESS FOR THE GOVERNMENT: Any person who serves as a witness for the government or provides evidence in a criminal case involving any violation of this Act, or who voluntarily or by virtue of a subpoena testificandum or duces tecum, produces, identifies, or gives testimony shall be immune from any criminal prosecution, subject to the compliance with the provisions of Presidential Decree No. 1732, otherwise known as Decree Providing Immunity from Criminal Prosecution to Government Witnesses and the pertinent provisions of the Rules of Court. (Section 8, Ibid.)

WITNESS PROTECTION: Any person who provides material information, whether testimonial or documentary, necessary for the investigation or prosecution of individuals committing any of the offenses under Sections 3, 4, 5 and 6 herein shall be placed under the Witness Protection Program pursuant to Republic Act. No. 6981. (Section 10, Ibid.)

INFORMER’S REWARD: Any person who, having knowledge or information of any offense committed under this Act and who shall disclose the same which 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, which shall be determined through a policy guideline promulgated by the Department of Justice (DOJ) in coordination with the Department of Interior and Local Government (DILG) and the National Police Commission (NAPOLCOM). (Section 11, Ibid.)

4. CONFISCATION, PRIMA FACIE PRESUMPTION

Upon conviction, all proceeds, gambling paraphernalia and other instruments of the crime including any real or personal property used in any illegal numbers game operation shall be confiscated and forfeited in favor of the State. All assets and properties of the accused either owned or held by him/her in his/her name or in the name of another person found to be manifestly out of proportion to his/her lawful income shall be prima facie presumed to be proceeds of the offense and shall likewise be confiscated and forfeited in favor of the State. (Paragraph 4, Section 9, Ibid.)

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