Name: Medina, Fatima Marie

Problem to be addressed: Statutory monopoly of the state lottery

Legal relief: To authorize a private lottery corporation of an ASEAN Member State to
accept lottery bets, through mobile betting platforms (website and mobile app), from
Filipino citizens.
Relevant Philippines rules that cannot provide the type of legal relief sought to be
obtained:
1987 Constitution
Art. XII, Sec. 1. The goals of the national economy are a more equitable distribution of
opportunities, income, and wealth; a sustained increase in the amount of goods and
services produced by the nation for the benefit of the people; and an expanding
productivity as the key to raising the quality of life for all, especially the underprivileged.
The State shall promote industrialization and full employment based on sound
agricultural development and agrarian reform, through industries that make full and
efficient use of human and natural resources, and which are competitive in both
domestic and foreign markets. However, the State shall protect Filipino enterprises
against unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the economy and all regions of the country
shall be given optimum opportunity to develop. Private enterprises, including
corporations, cooperatives, and similar collective organizations, shall be encouraged to
broaden the base of their ownership.
Republic Act No. 1169 as amended (PCSO Charter)
Sec. 1.A. Philippine Charity Sweepstakes Office, hereinafter designated the Office, shall
be the principal government agency for raising and providing for funds for health
programs, medical assistance and services, and charities of national character, and as
such shall have the general powers conferred in section thirteen of Act Numbered One
thousand four hundred fifty-nine, as amended, and shall have the authority to hold and
conduct charity sweepstakes races, lotteries, and other similar activities.
Sec. 8. The following shall be punished by imprisonment of not less than one month and
not more than three years:
A. Any person who, without being a duly authorized agent of the Office, sells tickets
of the Office, or, being such agent, sells tickets, fractions or coupons thereof not
issued by the Office, representing or tending to represent an interest in tickets
issued by the Office.
B. Any person who sells tickets issued by the Office at a price greater than the price
stated on the ticket.
 C. Any officer or employee of a hospital or other charitable or hygienic institution or
organization who uses funds obtained from the Office under this Act for purposes
other than those herein authorized.
Presidential Decree No. 1602, as amended by Republic Act No. 9287
Sec. 2.a. Illegal Numbers Game. - Any form [of] illegal gambling activity which uses
numbers or combinations thereof as factors in giving out jackpots.
Sec. 3. Any person who participates in any “illegal numbers game” shall suffer the
penalties prescribed by law, depending on the extent of the participation in such “illegal
numbers game.”
Republic Act No. 10863
Sec. 103. Importation begins when the carrying vessel or aircraft enters the Philippine
territory with the intention to unload therein.
Sec. 119. Restricted importation and exportation. Except when authorized by law or
regulation, the importation and exportation of the following restricted goods are
prohibited:
(b) roulette wheels, gambling outfits, loaded dice, marked cards, machines, apparatus
or mechanical devices used in gambling or the distribution of money, cigars, cigarettes
or other goods when such distribution is dependent on chance, including jackpot and
pinball machines or similar contrivances, or parts thereof;
(c) lottery and sweepstakes tickets, except advertisements thereof and lists of drawings
therein.
ASEAN Economic Agreement that, when domesticated, can provide the type of
legal relief you wish to obtain
Article 6(1). Each Member State shall accord to services and service suppliers of
another Member State, in respect of all measures affecting the supply of services,
treatment no less favourable than that it accords in like circumstances, to its own
services and service suppliers.
Article __. Each Member State shall ensure that any monopoly supplier of a service in
its territory does not, in the supply of the monopoly service in the relevant market, act in
a manner inconsistent with that Member State's obligations under Article 7 (Most-
Favoured-Nation Treatment) and Article 11 (NonConforming Measures).