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ACT NO. 9287
AN ACT INCREASING THE PENALTIES
FOR ILLEGAL NUMBERS GAMES, AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL
DECREE NO. 1602, AND FOR OTHER PURPOSES.
1. Declaration of Policy. - It is the policy of the State to promote a
just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of
life for all. It is likewise the policy of the State that the promotion
of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.
Hence, the State hereby condemns the existence of illegal gambling
activities such as illegal numbers games as this has become an
influential factor in an individual's disregard for the value of
dignified work, perseverance and thrift since instant monetary gains
from it are being equated to success, thereby becoming a widespread
social menace and a source of corruption.
Towards this end, the State shall therefore adopt more stringent
measures to stop and eradicate the existence of illegal numbers games
in any part of the country.
Sec. 2. Definition of Terms. - As used in this Act, the following terms
Illegal Numbers Game. - Any form illegal gambling activity which uses
numbers or combinations thereof as factors in giving out jackpots.
b) Jueteng. - 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.
c) Masiao. - 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.
d) Last Two. - 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.
e) Bettor ("Mananaya", "Tayador"
or variants thereof). - 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.
f) Personnel or Staff of Illegal
Numbers Game Operation. - 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.
g) Collector or Agent ("Cabo",
"Cobrador", "Coriador" or variants thereof). - 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
h) Coordinator, Controller or
Supervisor ("Encargado" or variants thereof). - Any person who
exercises control and supervision over the collector or agent.
i) Maintainer, Manager or
Operator. - 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.
j) Financiers or Capitalist. -
Any person who finances the operations of any illegal numbers game.
k) Protector or Coddler. - Any
person who lends or provides protection, or receives benefits in any
manner in the operation of any illegal numbers game.
Sec. 3. Punishable Acts. - Any person who participates in any illegal
numbers game shall suffer the following penalties:
The penalty of imprisonment from thirty (30) days to ninety (90) days,
if such person acts as a bettor;
b) The penalty of imprisonment
from six (6) years and one (1) day to eight (8) years, if such person
acts as a personnel or staff of an illegal numbers game operation;
The same penalty shall likewise
be imposed to any person who allows his vehicle, house, building or
land to be used in the operation of the illegal numbers games.
c) The penalty of imprisonment
from eight (8) years and one (1) day to ten (10) years, if such person
acts as a collector or agent;
d) The penalty of imprisonment
from ten (10) years and one (1) day to twelve (12) years, if such
person acts as a coordinator, controller or supervisor;
e) The penalty of imprisonment
from twelve (12) years and one (1) day to ten (10) fourteen (14) years,
if such person acts as a maintainer, manager or operator; and
f) The penalty of imprisonment
from fourteen (14) years and one (1) day to sixteen (16) years, if such
person acts as a financier or capitalist;
g) The penalty of imprisonment
from sixteen (16) years and one (1) day to twenty (20) years, if such
person acts as protector or coddler.
Sec. 4. 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.
Sec. 5. Liability of Government Employees and/or Public Officials. - a)
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.
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.
b) 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
Sec. 6. 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.
Sec. 7. 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.
Sec. 8. Immunity from Prosecution. - 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
Sec. 9. Prosecution, Judgment and Forfeiture of Property. - Any person
may be charged with or convicted of the offenses covered by this Act
without prejudice to the prosecution of any act or acts penalized under
the Revised Penal Code or existing laws.
During the pendency of the case, no property or income used or derived
therefrom which may be confiscated and forfeited shall be disposed,
alienated or transferred and the same shall be in custodia legis and no
bond shall be admitted for the release of the same.
The trial prosecutors shall avail of provisional remedies provided for
under the Revised Rules on Criminal Procedure.
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
Sec. 10. 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.
Sec. 11. 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
The DILG, the NAPOLCOM and the DOJ shall provide for a system of
rewards and incentives for law enforcement officers and for local
government official for the effective implementation of this Act.
Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days
from the effectivity of this Act, the DILG, DOJ, NAPOLCOM, and other
concerned government agencies shall jointly promulgate the implementing
rules and regulations, as may be necessary to ensure the efficient and
effective implementation of the provisions of this Act.
Sec. 13. Separability Clause. - If for any reason any section or
provision of this Act, or any portion thereof, or the application of
such section, provision or portion thereof to any person, group or
circumstance is declared invalid or unconstitutional, the remaining
provisions of this Act shall not be affected by such declaration and
shall remain in force and effect.
Sec. 14. Amendatory Clause. - The pertinent provisions of Presidential
Decree No. 1602, in so far as they are inconsistent herewith, are
hereby expressly amended or modified accordingly.
Sec. 15. Repealing Clause. - The provisions of other laws, decrees,
executive orders, rules and regulations inconsistent with this Act are
hereby repealed, amended or modified accordingly.
Sec. 16. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) national newspapers of
Approved: April 2, 2004
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