MODULE ON DRUG EDUCATION AND VICE CONTROL

RODOLFO V. CASTILLO JR., Ph.D.

#09271301727

MODULE 4

GAMBLING

A. Definitions

1. Gambling – it is a game or scheme the result of which depends

wholly or chiefly upon chance or hazard
2. Chance or Hazard – is the uncertainty of the result of the
game or when the outcome of the game is incapable of
calculation by human reason, foresight, sagacity or design.
3. Lottery – it is a 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.
4. “Maintainer” – is the person who sets up and furnishes the
means with which to carry on the gambling game.
5. Conductor – is the person who manages or carries the
gambling game.
6. Banker – is the person who keeps the money from which the
winner is to be paid.
7. Totalizer – is a machine for registering and indicating the
number and nature of bets made on horse races.
8. Wager – is the bet or consideration placed on gambling
games.
9. Prize – is the inequal amount due to the winner.
10. Topada – the illegal cockfighting conducted on a day or at
a cockpit not permitted by law.
11. Gullible Person – person who easily deceived especially in
crooked gambling.
12. PAGCOR (Philippine Amusement and Gambling Corporation) –
office that controls/regulates gambling games like the
casino.

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B. Introduction

The laws relating to gambling are not all uniform

throughout the world. Moreover, the interpretation of
gambling law, is in many cases, seemingly in consideration
with the language of the statues on the subject.

Like other business, the head of the organization is in

a position to take the largest profit, although, many are
operating under him using his equipment and paraphernalia.
Each of those persons are engaged in a continuing series of
acts and each act results in unfailing monetary gain. The
total number of acts amount into the hundreds of thousands or
millions, for which the head of the organization receives a
percent of the profit in each act. Though collected in small
amounts, the total amount is enormous. The general public is
unaware of the tremendous sums of money that are diverted from
the normal business channels in this manner.

The tremendous profits from gambling are used to

circumvent the law. Funds are made available to corrupt to
influence, to bribe, to campaign, to employ the best legal,
talent to retain in office friendly, public officials, and to
remove unfriendly ones. Gambling profits add to police
difficulty in the control of gambling itself.

C. Relationship of Gambling to Other Crimes

Communities in which gambling flourishes attract

criminals. The unstable character of criminal and usual lack
of normal relations with other persons cause them to seek
recreation in gambling establishments. Their profits from
crime are usually spent rapidly in some form of vice. The
gambling operator is also a criminal and normally welcomes
other criminals and sometimes assists them in disposing of
their loot, obtaining weapons and planning other crimes.
Communities where gamblers always have a high crime rate.
Establishments and districts, containing them are frequently

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RODOLFO V. CASTILLO JR., Ph.D.
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the scenes of murders assaults and drunkenness. Private

persons, when victimized by crooked gambling, sometime commit
suicide, embezzle funds and commit a variety of other serious
offenses. The existence of gambling in a community therefore
greatly increases the task of the police. Many professional
gamblers will play only when there is a certainly that they
will win. These gamblers play with gullible (easily deceived)
native persons who fail to realize that the game they play is
so fixed and controlled that there is no possibility of their
ever winning. These “sure thing” gamblers used marked cards
controlled roulette wheel and slot machines. The most common
of the crooked gamblers are those who play with cards and
dice. They have little difficulty in finding gullible people
with whom to play.

D. Classification of Gambling Games

1. Those who are absolutely or per se prohibited

Examples:
a. Under Art. 195, RPC – monte, jueteng, other form
of lottery, policy, banking or percentage game and dog
races;
b. Faro and roulette is absolutely prohibited by the
Gambling Law.

2. Those which are regulated by law. These games are

regulated in the sense that the law allows the same to be
played except on certain specified of the day.
Examples:
a. Cockfighting under Art. 199, Revised Penal Code;
b. Horse Racing under Art. 198, Revised Penal Code;
c. Panguingue, cuajo, domino, mahjong, entre cuatro,
and other under Sec. 828, Revised Ordinances of the City
of Manila

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E. Requisites/Elements of Gambling

1. That money or other consideration of value is at stake

2. That the result of the games depends wholly or chiefly
upon chance or hazard
In cases of lottery, there must be:
1. consideration;
2. chance, and;
3. prize or the inequal amount due to the winner

NOTE: Lottery becomes punishable only when the participants

buys ticket only for purposes of participating in the lottery
but not when the participation is only incidental to buying a
certain good wherein the participation entitles the buyer an
equal value of his money’s worth.

F. Acts Punishable in Gambling

1. In cases of gambling games absolutely prohibited under

Article 195, Revised Penal Code:
a. taking part directly or indirectly in gambling;
b. knowingly permitting any form of gambling to be carried
on any place owned or controlled by the offender;
c. being a maintainer, conductor, or banker.

2. In cases of lottery under Article 196, or banker.

a. Possession of lottery lists which pertains to, or used
in the game;
b. Importation, selling or distribution in connivance with
the importer of lottery tickets.
c. Selling or distribution without connivance with
importer.

3. In cases of horse racing under Article 198, Revised Penal

Code:
a. Betting on horse races during the periods or days not
allowed by law, such as:

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1) Ordinary working days, but not legal holidays

and those not allowed by the Games and
Amusement Board.
2) July 4th (now June 12, Independence Day) under
Rep. Act N0. 137.
3) December 30th of each year commonly known as
Jose Rizal Day under Rep. Act No. 229.
4) Any registration or voting days under Rep.
Act No.180, as amended (Revised Election
Code).
5) Holy Thursday and Good Friday under Rep. Act
No. 946.
b. Maintaining or employing a totalizer or other device
or scheme for betting on races or realizing profit
therefrom.
c. Under Rep. Act No. 3063, the operation and maintenance
of “bookie joints” not authorized by the Games and
Amusement Board and acting as “collector” or
“solicitor” of bets on horses races for the bookie
joints are prohibited.

4. In cases of illegal cockfighting under Article 199, Revised

Penal Code:
a. Betting money or other valuables and organizing such
cockfights at which bets are made on a day other that
permitted by law.
b. Betting money or other valuables and organizing such
cockfights in a place other than a licenses cockpit.
5. And finally, making bets which are offered and accepted
upon the result of a boxing or other sports contest is
punishable by Article 187, Revised Penal Code and Section
830, Revised Ordinances of the City of Manila.

NOTE: A mere bystander or spectator in a gambling game is not

criminally liable, because he does not take part therein,
directly or indirectly. Mere presence in a gambling house or
cockpit is not punishable.

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G. Dangers of Gambling as Vice

1. An evil that undermine the social, moral and economic

growth of the nation.
2. It is beyond the good morals which has the effect of
causing poverty, dishonesty, fraud and deceit.
3. It causes man to neglect his social obligations and the
welfare of his business as a source of income.
4. Women and mothers who wasted her time at the gambling
board may neglect her duties to the children and cause
serious problem and proliferation of juvenile
delinquency.

H. Control of Gambling and Prostitution (Obtaining Evidence

Against a Gambling House and a House of Prostitution)

Laws relating to public morals which mainly concern a

Police Department, are those designed to combat prostitution
and gambling. For this reason, a: Vice Division” should be
created within a police department, if it is to suppress
gambling and prostitution effectively and enjoy the advantages
of suitable control. Such division fixes responsibility and
assures a continuing and constant control.

Although the police constantly harass the vice operators

by arresting employees and agents and confiscating equipment,
they are not able, generally operator. They harass but do not
destroy the organized operator. The police must do more than
this if they are to stamp out commercialized vice. They must
smash the head of the organization in its operation is to be
stopped.

The specialization provided by a vice division enables

the members of that division to study the legal procedures
relating to the control of gambling and prostitution and to
learn identity, locations and methods of operation of persons
engaged in these activities. These centralize information and

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police action, thus lessening the possibility of information

“leaks” and “tip-offs”.

In police organizations, as in business of industry, there

are few who prove false to the trust placed in them. In some
instances, police officers have been found to be on the payroll
of the vice operator. Thus, police methods and anticipated
police actions have been furnished the underworld in advance.

The control of gambling and prostitution requires the

application of sound judgment. Decision must be made that
often have far-reaching consequences. The Vice Division head
should report directly to the Chief of Police or to an
Assistant Chief in a very large department. This close control
of the vice divisions by the head of the department is
justified because of the confidential nature of its work and
its significant effect on the health and stability of city
government and on the criminal element of the community.
Because gambling and prostitution operations involve large
profits, a strong effort to corrupt officials can be expected
to hinder its control. Even though only one officer is engaged
in control of gambling and prostitution, he should report
directly to the chief of police.

Information obtained through the vice division

investigations has sometimes revealed that mayors and high-
ranking police officials are corrupt. In the many countries
where this has occurred, those involved have been removed from
office and proper criminal proceedings initiated. Many have
been sent to prison.

I. Suggested Control and Preventive Measures

1. The government thru its law enforcement agencies must

conduct a consistent and continued raids, arrest and
closure of suspect gambling dens.
2. The courts and the law makers must enact and apply the
law with more teeth as a deterrent factor.

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3. The economic structure of our country must cater to the

large majority of our population to provide mass
employment and prosperity of the people in terms of
income.
4. The building of more recreational and athletic facilities
to divert attention of the people from gambling
activities.
5. Active participation of NGO’s (non-government
organization) in the campaign against vices especially
gambling.

J. Legislative Measures/Strategies on Gambling

Generally, the laws relating to gambling prohibit any

person or persons from profiting from the operation of any
game of chance, or game, apparatus or device in which the
outcome is determined solely by chance, or gambling of any
sporting event. Therefore, cards dice and other similar games,
devices or apparatus are forbidding where a person or person
profit from the play by taking percentage of each pot or hand,
charging a fee of some kind, or when such games are supported
financially by the operator of the enterprise. Wagering (Act
of betting) on sporting events such as horse races, soccer,
basketball and other amateur and professional games is
criminal act only when the person or persons concerned take
or placed bets outside of that allowed by the law.

In the Philippine betting on horse racing Jai-Alai and

the national lottery is legal. This is gambling “per se” even
though it is legal; all other gambling is illegal.

Customs dictates the law in many cases and the laws of

other countries in relation to gambling will vary. Therefore,
the above definition is probably as close as can be given as
an explanation of gambling that will apply to all types.

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RODOLFO V. CASTILLO JR., Ph.D.
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K. Laws Relevant to Gambling

1. PD 1602 - Prescribing Stiffer penalties on illegal

gambling
2. PD 510 - Law on Slot Machines
3. PD 449 - Illegal Cockfighting
4. PD 483 - Game fixing in Sports Contest
5. PD 1306 - Jai-Alai bookies
6. RA 3063 - Horse Racing Bookie
7. Art. 195-199 R.P.C. - Forms of Gambling and Betting
8. LOI No. 816 - Exclusion of certain prohibited games
under PD 1602
9. Rule III, Sec. 21, PNP Rules and Regulations (PD 765)
GAMBLING. No member of the PNP shall engage in any form
of gambling prohibited by law.
10. Sec. 823, R.O. - Gambling Dens (Maintainer/Operator)
11. Sec. 824, R.O. - Gambling Devices, Possession of
Pinballs
12. Sec. 827, R.O. - Gambling Players
13. Sec. 828, R.O. - Mahjong, Regulated Games
14. Sec. 830, R.O. - Betting in Athletic Contest
15. Sec. 831, R.O. - Illegal Cockfighting (Tupada)

L. Instructions to Police Officers

Officers on “Post” should bear in mind that unlawful card

games, dice games, etc. are usually carried on in places under
a club charter, private dwellings, vacant buildings, private
buildings, cheap bars, upper floor of garages and even large
trucks. Gambling should be suspected whenever the nature of
the business carried on in such a place is suspicious and free
inspection of the police is not allowed by the person in charge
of the premises, especially so when the premises are frequented
by known gamblers.

M. Hours of Work of Members Under the Vice Division:

Vice Division members should work as a team and their

effective strength should not be assigned to more than one

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shift. Their hours should be flexible and judged on the basis

of the need. Certain hours of work are more desirable than
others. As most gambling and prostitution violators start
between the hours of 7:00 or 8:00 in evening and diminished
around 3:00 or 4:00 in the morning, it is recommended that the
vice squad work as a team during these hours. The hours,
should however, remain flexible enough, change in the event
of emergencies and special events.

-ooOoo-

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