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REPUBLIC ACTS
AN ACT INCREASING THE PENALTIES
FOR ILLEGAL NUMBERS GAMES, AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL
DECREE NO. 1602, AND FOR OTHER PURPOSES. |
Section 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
shall mean: a)
Illegal Numbers Game. - Any form illegal gambling activity which uses
numbers or combinations thereof as factors in giving out jackpots. Sec. 3. Punishable Acts. - Any person who participates in any illegal numbers game shall suffer the following penalties: a)
The penalty of imprisonment from thirty (30) days to ninety (90) days,
if such person acts as a bettor; 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. 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 Court. 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. 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 Section s 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
(NAPOLCOM). 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
general circulation. Approved: April 2, 2004 |
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