Illegal Gambling Revised Penal Code
PRESIDENTIAL DECREE NO. 1602
SIMPLIFYING AND PROVIDING STIFFER PENALTIES FOR VIOLATIONS OF PHILIPPINE GAMBLING LAWS
WHEREAS, Philippine Gambling Laws particularly Articles 195-199, the Revised Penal Code, Republic Act No. 3063 (Horse Racing Bookies), Presidential Decree No. 499 (Cockfighting), Presidential Decree No. 483, (Game Fixing), Presidential Decree No., 519 (Slot Machines) and Presidential Decree No. 1036 (Jai-alai Bookies) and other City and Municipal Ordinances gambling all over the country have become ineffective and easily circumvented in view of the confusing and inappropriate system of penalties imposed on violations thereof.
In addition to any other remedy provided by law any slot machine or device may be seized by any of the officers designated by Sections 335 and 335a of the Penal Code, and in such cases shall be disposed of, together with any and all money seized in or in connection with such machine or device, as provided in Section 335a of the Penal Code. If you experience any technical difficulties navigating this website, click here to contact the webmaster. Box 94062 (900 North Third Street) Baton Rouge, Louisiana. In addition to any other remedy provided by law any slot machine or device may be seized by any of the officers designated by Sections 335 and 335a of the Penal Code, and in such cases shall be disposed of, together with any and all money seized in or in connection with such machine or device, as provided in Section 335a of the Penal Code.
Illegal Gambling Revised Penal Codes
All officers of the law in whose care, possession or keeping may be placed any gambling or gaming machine or device of any kind whatsoever or any gambling or gaming punchboard of any kind or description whatsoever which has been confiscated for violation of any criminal law or laws of this State shall immediately after conviction of the violator of the law destroy the same. WHEREAS, Philippine Gambling Laws such as Articles 195-199 of the Revised Penal Code (Forms of Gambling and Betting), R.A. 3063 (Horse racing Bookies), P.D. 449 (Cockfighting), P.D. 483 (Game Fixing), P.D. 510 (Slot Machines) in relation to Opinion Nos. 33 and 97 of the Ministry of Justice, P.D. 1306 (Jai-Alai Bookies) and other City and Municipal Ordinances or gambling all over the country prescribe penalties which are inadequate to discourage or stamp out this pernicious activities.
WHEREAS, there is an urgent need to update these gambling laws for simplicity and clearer understanding and to standardize and provide stiffer penalties for their violations to make them more effective and responsive to the present norms of conduct and behavior of the people.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and in order to effect the desired and necessary changes and reforms in the social and economic structure of our society, do hereby order and declare to be part of the laws of the land, the following:
Sec. 1. Violations and Penalties. — The penalty of prision mayor in its medium degree or a fine ranging from Five Hundred Pesos to Two Thousand Pesos and in case of recidivism the penalty of prision correccional in its medium degree or a fine of ranging from One Thousand Pesos to Six Thousand Pesos shall be imposed upon:
(a) Any person other than those referred to in the succeeding subsection who in any manner, shall directly or indirectly take part in any game of cockfighting, jueteng, bookies (jai- alai or horse racing to include game fixing) and other lotteries, cara y cruz or pompiang and the like, black jack, lucky nine, “pusoy” or Russian Poker, monte, baccarat and other card games, palk que, domino, mahjong, high and low, slot machines, roullette, pinball and other mechanical inventories or devices, dog racing, boat racing, car raising and other races, basketball, volleyball, boxing, seven-eleven dice games and the like and other contests to include game fixing, point shaving and other machinations banking or percentage game, or any other game or scheme, whether upon chance or skill, which do not have a franchise from the national government, wherein wagers consisting of money, articles of value of representative of value are made;
(b) Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be carried on in inhabited or uninhabited places or any building, vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has a reputation of a gambling place or that prohibited gambling is frequently carried on therein or the place is a public or government building or barangay hall, the culprit shall be punished by the penalty provided for in its maximum period and a fine of Six Thousand Pesos.
The penalty of prision correccional in its maximum degree and a fine of Six Thousand Pesos shall be imposed upon the maintainer, conductor of the above gambling schemes.
The penalty of prision mayor in its medium degree and temporary absolute disqualification and a fine of Six Thousand Pesos shall be imposed if the maintainer, conductor or banker is a government official, or if a player, promoter, referee, umpire, judge or coach in cases of game-fixing, point-shaving and other game machination.
The penalty of prision correccional in its medium degree and a fine ranging from Five Hundred pesos to Two Thousand Pesos shall be imposed upon any person who shall knowingly and without lawful purpose in any hour of any day shall have in his possession any lottery list, paper, or other matter containing letter, figures, signs or symbols which pertain to or in any manner used in the game of jueteng, jai-alai or horse racing bookies and similar game or lottery which has taken place or about to take place.
Sec. 2. Barangay Official. — Any barangay official in whose jurisdiction such gambling house is found and which house has the reputation of a gambling place shall suffer the penalty of prision correccional in its medium period and a fine ranging from Five Hundred to Two Thousand Pesos and temporary absolute disqualifications.
Sec. 3. Informer’s Reward. — Any person who shall give the information that will lead to the arrest and final conviction of the offender shall be rewarded an amount equivalent to Twenty Per Centum (20%) of the cash money confiscated form the offender.
Sec. 4. Repealing Clause. — The provisions of Articles 196, 197, 198 and 199 of the Revised Penal Code, as amended, Republic Act No. 3063, Presidential Decree Nos. 483, 499, 510, 1306, Letter of Instructions, laws, executive orders, rules and regulations, City and Municipal Ordinances which are inconsistent with this Decree are hereby repealed or accordingly modified.
Sec. 5. Effectivity. — This Decree shall take effect immediately upon publication thereof by the Minister of the Ministry of Public Information at least once in a newspaper of general circulation.
DONE in the City of Manila, this 11th day of June in the year of Our Lord, nineteen hundred and seventy-eight.
California Penal Code Section 332, gaming fraud or gambling fraud is obtaining another person’s money or property through use of any game, device, sleight of hand, pretensions to fortune telling, trick or any instrument. Gaming or gambling fraud falls under and is considered as theft crime in California.
The California Penal Code, under section 332 establishes the elements that the prosecution must prove to a conviction someone of this crime, the main requirements are the following:
- Acted with action intent to defraud another person’s.
- Obtain money or property.
- Through “three card monte”, betting, gambling or pretensions to fortune-telling.
Prosecution must prove the following elements beyond a reasonable doubt for convicting a person of fraudulent gaming:
- Defendant fraudulently obtain another person’s money or property;
- Defendant did so by use of any game, device, sleight of hand, pretensions to fortune telling, trick or any instrument. It is not prohibited to play the games, in case a person commits a fraud and got money from other one through a game in an unlawful manner.
“Acting Fraudulently” in California Game or Gambling Fraud
Acting fraudulently means acting dishonestly and with bad faith, as cheating, misleading and otherwise gaining an unfair advantage for the victim. In case a person won in a game, without playing tricks he can’t be guilty of game fraud. Defendant must be involved in a game where the victim doesn’t have a chance to win as a result of the game. An important element of the legal definition of gaming/gambling fraud is that the defendant must win money or property from the victim.
What is Considered as “Property” for Purposes of California Penal Code Section 332?
California Penal Code Section 332 acknowledges that games do not always include cash, or other tangible property. Property for purposes of Section 332 includes chips, markers, tokens, or anything else which has a monetary value.
Legal Defenses to California Penal Code 332
Common legal defenses to California Penal Code 332 include the following:
- Lack of intent to defraud
Prosecution shall be able to prove is that the defendant had a specific intent to defraud the victim. In case the defendant lacks of fraudulent intent, he can’t be found guilty of this offenses.
- First amendment defense
Revised Penal Code Pdf
If the offense was through the fortune telling or any other similar activity then a first amendment defense can be used, and the defendant can argue that he was exercising his right to free speech. Though, there can be circumstances when fortune tellers can be criminally liable under this statute in case their conduct goes beyond entertainment and actually involves fraud.
Penalties for California Penal Code Section 332 Game/Gambling Fraud
Potential penalties for California Penal Code 332 gaming or gambling fraud depend on the monetary value of the property that the defendant obtained from the victim. If the money or the total value of the stolen property is $950 or less the gaming/gambling fraud can only be charged as a misdemeanor. In case the total value of the property is more than $950 then the fraud is treated as a wobbler and can be charged as either a misdemeanor or a felony.
Penalties for California Penal Code 332 Misdemeanor Conviction
Potential penalties for misdemeanor Penal Code 332 gaming or gambling fraud conviction in California include the following:
- Up to six months in a county jail in case the value of property is $950 or less,
- Up to one year in a county jail in case the value of property is more than $950; and/or
- Fine of up to $1,000
- Misdemeanor probation
Penalties for Felony Penal Code 332 Conviction
Potential penalties for felony Penal Code 332 gaming or gambling fraud conviction in California include the following:
- Sixteen months, two or three years in a county jail and/or
- Fine up to $5,000 for a first offense, or up to $10,000 for a second or subsequent offenses
- Felony probation
Illegal Gambling Revised Penal Code Penal
California Gambling Defense Lawyer
Our California gambling defense lawyers are here to answer any questions If you or a loved one has been charged with Penal Code 332 PC gaming or gambling fraud and you would like to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact our criminal defense lawyers at (310) 943-1171.