1. Excluded from coverage. See instead special laws on illegal gambling (PD 1602, as amended by RA 9287)

Definition Of Terms

Gambling – any game or scheme, whether upon chance or skill, wherein wagers are made consisting of money or other articles of value/representative of value being put at stake

Maintainer – person who sets up and furnishes the means with which to carry on the gambling game or scheme

Conductor – person who manages or carries on the gambling game or scheme.

Notes:

• A game or scheme is punishable even if winning depends upon skill as long as wagers are made putting at stake money or other articles of value/ representative of value.
• But in P.D. 1602, playing for money is not a necessary element of a game forone to commit a crime. When the law names the games, punishing any person who per se takes part therein, its purpose is to prohibit absolutely engaging in those games.
• A mere bystander or spectator is not criminally liable because he does not directly or indirectly take part in the illegal activity.
• Proof that a game took place or is about to take place is not necessary. The burden of evidence is shifted to the accused to show that his possession of jueteng materials is lawful or is not connected with a jueteng game. But proof to the contrary by the prosecution is necessary when jueteng lists pertain to games played on dates other than the date of the raid.
• P.D. 519 has outlawed pinball and slot machines and other similar devices and nullified all permits and/or licenses to operate the same.

Elements of Knowingly permitting gambling to be carried on in a place owned or controlled by the offender:

• That a gambling game was carried on in an inhabited or uninhabited place or in any building, vessel or other means of transportation;
• That the place, building, vessel or other means of transportation is owned or controlled by the offender; and
• That the offender permitted the carrying on of such game, knowing that it is a gambling game

Lottery – Scheme for the distribution of prizes by chance among persons who have paid, or agreed to pay. a valuable consideration for the chance to obtain a prize.

Elements of Lottery:

• Consideration;
• Chance; and
• Prize/advantage/inequality in amount or value which is in the nature of prize.

Note:

In a criminal case (US v. Olsen 36 Phil. 395), there is no lottery where a person gets the full value for his money, and the winning of the prize is merely incidental. But in a civil case (El Debate v. Topacio 44 Phil. 280), if the inducement to win a prize is the reason for the purchase, then even if full value for money is received, it is still lottery.

Illegal Number Games – any form of illegal gambling activity which uses numbers or combinations thereof as factors in giving out jackpots/prizes/returns; includes games such as jueteng and masiao.

Art. 196. Importation, Sale and Possession of Lottery Tickets or Advertisements

Punishable Acts:

• By importing into the Philippines, from any foreign place or port, any lottery ticket or advertisement;
• By selling or distributing the same in connivance with the importer;
• By possessing, knowingly and with intent to use, lottery tickets or advertisements; and
• By selling or distributing the same without connivance with the importer

Notes:

• The possession of any lottery ticket or advertisement is prima facie evidence of intent to sell, distribute or use the same.
• The lottery tickets need not be genuine, as long as they have the appearance thereof.
• Government-authorized lotteries being lawful, acts in connection therewith which are ostensibly covered by Art. 196 are not criminal offenses.

Art. 198. Illegal Betting on Horse Races

Punishable Acts: (during periods not allowed by law)

• By betting on horse races; and
• By maintaining or employing a totalizer or other device or scheme for betting on races or realizing profit therefrom

Totalizer – machine for registering and indicating the number and nature of bets made on horse races

Notes:

• The penalty is higher for a person who employs a totalizer or other device.
• Betting on horse races is not allowed on: (a) June 12th of each year, (b) Dec 30thof each year, (c) any registration or voting days, and (d) Holy Thursdays and Good Fridays. Individual races held on the same day and at the same place are punishable as separate offenses.
• Horse races may be carried on at any time or place, and prizes or gifts may be offered, given or paid, to the winner in said races, provided it is not accompanied by any betting or the use of totalizers or other devices for betting.