Confiscated from the suspects were two complete sets of gaff, P68,565 cash, four fighting cocks and four dead ones. Ariel Quilang, Cagayan Police Office chief, said the suspects would be facing charges for violating Republic Act (RA) 9287 or “Illegal Numbers Games” that includes “Cockfighting”; Article 151 of the Revised Penal Code in Proclamations 922 and 929; and RA 11332, which. 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. 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.

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Title Six

CRIMES AGAINST PUBLIC MORALS

Chapter One

GAMBLING AND BETTING

Art. 195. What acts are punishable in gambling. — (a) The penalty of arresto mayor or a fine not exceeding two hundred pesos, and, in case of recidivism, the penalty of arresto mayor or a fine ranging from two hundred or six thousand pesos, shall be imposed upon:
1. Any person other than those referred to in subsections (b) and (c) who, in any manner shall directly, or indirectly take part in any game of monte, jueteng or any other form of lottery, policy, banking, or percentage game, dog races, or any other game of scheme the result of which depends wholly or chiefly upon chance or hazard; or wherein wagers consisting of money, articles of value or representative of value are made; or in the exploitation or use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any object or representative of value.

2. Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be carried on in any unhabited or uninhabited place of any building, vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has the reputation of a gambling place or that prohibited gambling is frequently carried on therein, the culprit shall be punished by the penalty provided for in this article in its maximum period.
(b) The penalty of prision correccional in its maximum degree shall be imposed upon the maintainer, conductor, or banker in a game of jueteng or any similar game.

(c) The penalty of prision correccional in its medium degree shall be imposed upon any person who shall, knowingly and without lawful purpose, have in his possession and lottery list, paper or other matter containing letters, figures, signs or symbols which pertain to or are in any manner used in the game of jueteng or any similar game which has taken place or about to take place.

Art. 196. Importation, sale and possession of lottery tickets or advertisements. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court, shall be imposed upon any person who shall import into the Philippine Islands from any foreign place or port any lottery ticket or advertisement or, in connivance with the importer, shall sell or distribute the same.

Any person who shall knowingly and with intent to use them, have in his possession lottery tickets or advertisements, or shall sell or distribute the same without connivance with the importer of the same, shall be punished by arresto menor, or a fine not exceeding 200 pesos, or both, in the discretion of the court.

The possession of any lottery ticket or advertisement shall be prima facie evidence of an intent to sell, distribute or use the same in the Philippine Islands.

Art. 197. Betting in sports contests. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who shall bet money or any object or article of value or representative of value upon the result of any boxing or other sports contests.

Art. 198. Illegal betting on horse race. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who except during the period allowed by law, shall be on horse races. The penalty of arresto mayor or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, under the same circumstances, shall maintain or employ a totalizer or other device or scheme for betting on horse races or realizing any profit therefrom.

For the purposes of this article, any race held in the same day at the same place shall be held punishable as a separate offense, and if the same be committed by any partnership, corporation or association, the president and the directors or managers thereof shall be deemed to be principals in the offense if they have consented to or knowingly tolerated its commission.

Art. 199. Illegal cockfighting. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the discretion of the court, shall be imposed upon:

Revised Penal Code Pdf

1. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things, or who organizes cockfights at which bets are made, on a day other than those permitted by law.

2. Any person who directly or indirectly participates in cockfights, at a place other than a licensed cockpit.

see below for
PRESIDENTIAL DECREE NO. 1602
SIMPLIFYING AND PROVIDING STIFFER PENALTIES FOR VIOLATIONS OF PHILIPPINE GAMBLING LAWS

California Penal Code Section 330

It is illegal to be a dealer in a game that is not sanctioned for gambling. The illegality comes in when someone is collecting money as people gamble similar to how Vegas does it and the various other casinos even throughout Los Angeles County.

Obviously, the more people involved, the more money involved, the more likely the authorities will find out about it and actually do something about it. They will prosecute the person pursuant to Penal Code Section 330 and that person can be looking at up to six months in the County jail.

When it comes to illegal gambling and the prosecutors and police enforcing illegal gambling in Los Angeles County by way of Penal Code Section 330, they’re not really looking to prosecute people who are just playing recreationally with their friends.

For example, a Tuesday night poker game or other game where people are getting together – even though money is being exchanged, this is not the police’s target when it comes to illegal gambling.

They’re looking at stopping those games where the public is able to come in and play, somebody’s collecting either a percentage of the money, or a dealer is getting some of the money or the house is sanctioning the game, because usually what ends up happening in those scenarios is in addition to illegal gambling, other types of crimes are being committed like prostitution and illegal use of drugs, so that’s where I’m seeing – over the course of the last twenty-five years of dealing with these gambling and gaming cases – the police actually coming in.

Somebody gets busted with drugs for example. In order to help themselves get themselves off, they then tell the police that there’s an illegal gaming or gambling area in order to get the police to not prosecute them for their illegal activity.

So, ultimately, these illegal gambling locations get busted up, people get arrested, and obviously, you need an attorney. And they’re not just going to arrest the house or the people who are getting the percentage of the money, they’re going to arrest everybody in there who is involved in the gambling.

Defenses to Illegal Gambling Pursuant to Penal Code Section 330

One defense that can be asserted when it comes to illegal gambling is that you were not actually involved in the illegal gambling.

I’ve had a number of clients who were arrested who were just present at a house for example where this illegal gambling was going on and the authorities scooped them up in a broad net and charged them with illegal gambling, but the reality is they didn’t have any evidence that they were violating Penal Code Section 330 and all they had was evidence that they were present at a location where illegal gaming or gambling was going on.

Mere presence at a crime is not in and of itself enough to prosecute somebody for illegal gambling. Other defenses would include that it’s just a game for fun with your friends. Nobody’s getting a percentage of the money.

Yes, money is being taken – people are winning and losing money – but there’s no house so to speak where a dealer or somebody else is getting a portion of all the gambling that’s going on. That’s really what’s being targeted when it comes to illegal gambling in California, and specifically in Los Angeles.

So, most of the time the authorities aren’t even going to get involved if it’s just small stakes and it’s a meeting among friends. The question becomes how they even found out about it to get involved.

Where the problems come in once again is when people are advertising, so to speak, in a gaming where there’s other criminal activity going on such as prostitution, illegal drug us, illegal drug sale- once you start getting into that ballpark where people are profiting and doing other illegal not moral activities, that’s typically when the police are going to find out in Los Angeles and they’re going to swoop in and they’re going to come and arrest everybody.

Even if they let some people go – just the fact that they swooped in, broke the game up and arrested a bunch of people – lets everybody know in that area we’re not going to stand for this type of activity here and if you do it you’re going to be prosecuted and arrested.

So, if you’ve been swept up in one of these nets, obviously you want to try to keep your record clean if it’s possible. You need to get a California criminal defense attorney, come in, sit down, we’ll go over everything in the privacy of my office and then we’ll come up with a game plan on how we can resolve your matter and protect your rights, your freedom and your reputation.

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For more information on Illegal Gaming Or Gambling In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 374-3952 today.

Illegal Gambling Revised Penal Code Book 2

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