REPUBLIC ACT No.

9287       - ANTI-GAMBLING ACT      April 2, 2004

AN ACT INCREASING THE PENALTIES FOR ILLEGAL NUMBERS

GAMES, AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL
DECREE NO. 1602, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippine

Congress Assembled:

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.

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
paraphernalia.

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:

a) 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 appropriate authority.

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.

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 State.

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 (NAPOLCOM).

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 general circulation.

Approved,

FRANKLIN DRILON JOSE DE VENECIA JR.

President of the Senate Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 2547 and House Bill No.
6575 was finally passed by the Senate and House of Representatives on
January 27, 2004 and February 4, 2004 respectively.

OSCAR G. YABES ROBERTO P.

Secretary of Senate NAZARENO
Secretary General
House of Represenatives

Approved: April 2, 2004

GLORIA MACAPAGAL-ARROYO
President of the Philippines
The Republic Act (RA) 9287 is an amendment act to Presidential Decree (PD)
1602 which imposes penalties for individuals taking part in illegal gambling
activities. RA 9287 increases penalties set in PD 1602 and establishes the
Anti-Illegal Gambling Board (AGB). This act also defines what illegal gambling
is and states the kind of games and illegal activities that the AGB will be
combating. RA 9287 will also list the functions and powers of the AGB and
give them authority and responsibility for implementing the new revisions and
laws of this act.

Illegal Number Games

Illegal numbers games are defined in this amendment as all forms of illegal
gambling such as but not limited to Cockfighting, Jueteng, Masio, Last Two,
Jai Alai, and Horse Racing that includes bookie operations and game fixing,
Numbers, Bingo, non-government issued Lotteries and any other games of
chance. It also states that any game of chance or game of skill that is not in
compliance and licensed by their respected regulatory agencies are
considered illegal.

Poker, Casino, And Sports Betting – Legal VS Illegal

Most forms of gambling are legal in the Philippines with the exception of
unregulated and unlicensed games of chance or skill. However, there are
some people who illegally bet on forms of gambling entertainment that are
actually not prohibited by law, such as horse racing for example. If you place
your bet at a wagering terminal, race track cashier or Philippines legal horse
betting site, everything is legal, however, a number of people still choose to
bet with illegal bookies for various reasons. RA 9287 strengthens PD 1602 to
cover any missed terminology and to impose stricter penalties for parties who
choose to participate in un-licensed games of chance or skill.

Poker

Poker is legal and often played in the brick-and-mortar casinos located across
the Philippines. Filipinos are also allowed to legally play online from offshore
licensed and regulated poker rooms. The only exception is Philippine players
are not allowed to play domestic sites based in the Philippines by law. Players
don’t have to worry about this issue for the most part as it solely falls on the
operators to not accept players from the Philippines. Our guide on Philippine
legal online poker sites is a great place to start when looking for the best
online sites that accept Filipino players.

Casino Gambling

Casino gambling is legal in various forms throughout the Philippines. There

are domestic casinos, casinos that come in on ships, and Philippine legal
online casinos all available to Filipino residents. Most of the domestic casinos
are in or near the capital of Manila City but you will also run across some in
other areas of the country. Heavily regulated by gaming commissions casinos
are a significant source of income for the Philippines. Not only does the
licenses create revenue but the casinos also help attract tourism. Philippine
legal online gambling is available through offshore licensed and regulated
websites. Online casinos based or licensed in the Philippines are not allowed
to offer their online service to residents of the Philippines. Filipino players are
only allowed to play online casino sites from overseas who are licensed and
regulated by their gaming commissions.

Sports Betting

Betting on sports is popular across the world and in the Philippines. The
domestic sportsbook MegaSportsWorld has locations all over the country that
allow residents to bet on international sporting competitions. Filipino players
are also allowed to bet online with MSW, though there are lots of restrictions
that make this inaccessible for most players. (However, with offshore licensed
and regulated sportsbooks, that problem is solved.) RA 9287 will toughen the
penalties for illegal sportsbooks and other illegal gambling activities to make
legal options more favorable and profitable. Philippine legal online sports
betting is available to players over the age of 21 domestically, while offshore
books take members at just 18 and up. Our guide will help you determine the
best site that will accept Filipino registrations.

Anti-Illegal Gambling Board

In section 3 of the amendment, the Anti-Illegal Gambling Board (AGB) is

established. The board is to carry out the policies and counter the proliferation
of illegal gambling. The personal requirement of the AGB will be
complemented by the Games and Amusement Board (GAB). The Anti-Illegal
Gambling Board will be comprised of 6 members, one of which will be the
chairman of the AGB. The board members will be the chairman or their
representatives for the Philippine Charity Sweepstakes, Philippine
Amusement and Gaming Corporation (PAGCOR), Philippine Racing
Commission (PHRACOM), Secretary of the Department of Justice, and the
chief of the Philippine National Police (PNP).

Powers And Functions Of The Anti-Illegal Gambling Board

Republic Act 9287 established the Anti-Illegal Gambling Board and defined its
powers and functions. The board is to act as a central authority responsible
for carrying out and apprehending violators of this act. They are also given the
power to call upon law enforcement officials to assist in the enforcement of
this act. They are also allowed to deputize governors, city mayors, law
enforcement agencies, to conduct investigations into illegal number game
operations and participants. They are also to function as a complainant if the
criminal prosecution of violators. The act also gives them the power to come
up with a holistic program and approach to eliminate the existence of illegal
gambling within the city walls.

What It All Means

RA 9287 was enacted to strengthen the laws declared in PD 1602. Not only
does it re-define what games are often considered illegal, but it toughens the
penalties for anyone operating or participating in illegal gambling activities.
The Philippines are serious about their gambling revenue and they should be,
the Philippine Amusement and Gaming Corporation (PAGCOR) is the third
leading source of revenue for the country. The President is known to be
against gambling and won’t let government officials play or be seen in a
casino, but he also knows how important the revenue is for funding school
buildings, infrastructure, and other community needs. Tougher Philippine
gambling laws should scare more people away from illegal activities and in
turn create more revenue for the casinos and the government. Illegal
gambling has always plagued the Philippines, expect to see more tough laws
come into play until the government sees a dramatic drop in illegal gambling
activities.