Gambling in the Philippines has been present since the sixteenth century[1], and is still prevalent in the country today. Currently, it takes on various legal and illegal forms found almost all over the archipelago. The government handles gambling through the Philippine Amusement and Gaming Corporation (PAGCOR) which aims to regulate and operate games of chance, and to generate government funds,[2] but there are also several other public and private agencies that handles specific forms of gambling. In particular, casino gambling under PAGCOR is essential to the country's tourism and revenue. The Philippines has more casinos than Macau, with twenty found in Metro Manila alone.[3]
History
editOrigins
editEven before the Spanish colonization.[1], gambling is said to have already been present in the Philippines. Although there are no exact records when gambling was first practiced in the archipelago, it is possible that some forms were introduced by the Chinese in the late sixteenth century. Due to the proximity of the two countries, many local Chinese would go to the Philippines for business and profit, engaging in different trades and activities. [4] [5] On Magellan’s voyage to the Philippines, it was noted in the accounts of Antonio Pigafetta, that he had already witnessed bets being placed on cockfights when his ship arrived in Palawan in 1521. [1]
Growing popularity
editDuring the Spanish occupation, gambling became institutionalized in the forms of cockpits, card parlours, billiard halls, and the like. Around the early to mid-19th century, lotteries[6] and horseracing[7] had been introduced. Casinos had also been established at that time.[8] It had then become a problem for the Spanish colonizers[1]; it was noted in the account of Antonio Morga that men in Manila had grown accustomed to gamble for enormous and excessive stakes[9], and gambling had become prevalent in all sectors of society. Due to its detrimental effects, the colonial government took steps to suppress these activities, but this had little effect and by majority of the 19th century, this had become a national phenomenon.[1]
Cockfighting, in particular, was a favorite past time in the Philippines. Nearly every village had its own cockpit, and the activity had its own system for how it is to be played, as well as the fees paid, days performed, and others. Visitors in the country would note the amount of care which the roosters were treated, and most visitors would attend a cockpit during their stay. According to the number of arrests made by the police in the late 19th century, it is probable that the presence of cockfighting may have encouraged other forms of gambling. This led to even more edicts, enforcement, and penalties, where the government set certain days and times of the day for it to be allowed. This, however, still proved difficult to control due to its prevalence, and was significantly decriminalized later on when the government opened the country to foreign trade and overseas markets due to the need for internal sources of revenue. This carried on until the American occupation.[1]
Like the Spaniards, the Americans initially tried to ban gambling, but later on, betting was re-introduced around 1912.[10] American insular authorities then decided that gambling cannot be controlled, and it was better to earn funds from this than to prohibit it.[1] Institutionalized gambling for charitable purposes began in the 1930s, where horse racing was allowed for the benefit of the Philippine Athletic Amateur Federation (now the Philippine Olympic Committee), and since then only civic associations were allowed to hold horse races for fundraising. These were controlled by the organization called the National Charity Sweepstakes. Legislation in the country then changed around mid-1930s to institutionalize the sweepstakes in order to raise funds to promote public health and general welfare. National Charity Sweepstakes was then changed to Philippine Charity Sweepstakes Office (PCSO). [6]
After the colonial period, the Philippine government took responsibility in overseeing gambling activities in the country. In 1976, during the Martial Law Era, the Philippine Amusement and Gaming Corporation (PAGCOR) was created by the government to regulate the ten gaming casinos that existed before the pre-EDSA era. The agency aimed for government regulation and centralization of all games of chance under existing franchises or permitted by law. By 1985, the coverage and privileges of PAGCOR were expanded, and the agency and casinos were constantly improved unto the 1990s. Bingo and the lottery had also been developed under PAGCOR. Within the 20th century, PAGCOR experienced both dips and hikes in income growth rate, which mostly depended on the visits of foreign big-time players, but was also largely affected by the Asian financial crisis in 1997. During dips in income growth rate, the agency would increase efforts by branching out to new ventures such as Bingo and Jai Alai.[12]
Since then, various forms of gambling have been introduced and improved, and continues to spread and prevail all over the country. Recently, because President Rodrigo Duterte has initiated to mend the relations between the Philippines and China, Chinese visitors in the country are expected to increase, and this possibly attracts more investments. This puts the Philippines in competition with Macau and Singapore to become a gambling hub that targets Asia's rising middle class.[13]
Government Agencies and Privately Owned Companies
editGovernment Agencies
editIn the Philippines, number games and games of chance are regulated, controlled, and under the direct supervision of centralized government agencies. The most well known of these agencies, Philippine Amusement and Gaming Corporation (PAGCOR), both operates and licenses gambling casinos, gaming clubs, and other similar recreational spaces. PAGCOR, as stated in former President Ferdinand Marcos' Presidential Decree No. 1067-A, was created as a result of the compelling need for the government to intervene in the proliferation of illegal casinos and clubs that conduct games of chance in a rampant manner. PAGCOR aims to do so by centralizing and integrating the right and authority to operate and conduct games of chance into one corporate entity to be controlled, administered, and supervised by the government. While PAGCOR holds the authority and power to authorize, license, and regulate games of chance, games of cards, and games of numbers, however, this authority does not extend to games authorized, licensed, or regulated by existing franchises or other regulatory bodies, special laws such as Republic Act No. 7922, and local government units.[14] According to the decree, the operation of games of chance will serve as an additional source of revenue to fund various socio-civic projects such as flood control programs, beautification, sewage projects, and other public services. In addition to the creation of such projects, PAGCOR aims to "minimize, if not totally eradicate, the evils, mal-practices and corruptions that normally are found prevalent in the conduct and operation of gambling clubs and casinos without direct government involvement."[2]
The Philippine Charity Sweepstakes Office also known as PCSO is the government agency that organizes and conducts number games in the form of sweepstakes and lottery games. They do this in order to support and raise funds for health and welfare-related programs in the country. The products that they offer include EZ2 Lotto, GrandLotto 6/55, Suertres Lotto, UltaLotto 6/58, 4 Digit, Lotto Express (KENO), 6 Digit, Small Town Lottery, Lotto 6/42, Sweepstakes Tickets, MegaLotto 6/45, Scratch It Tickets, SuperLotto 6/49 and KASCASH Ticket. Winners of each game are given cash prizes. [2]
Privately Owned Companies
editDafabet is a privately owned online gambling company and leading Asian online gaming website based in Makati, Philippines. The website has offered sports betting, online casino, online poker, and other online activities since 2004. Although it has primarily served the Chinese and Southeast Asian markets, Dafabet maintains a strong presence in the UK use to its sponsorship by several football clubs such as Celtic FC, Sunderland FC, and Burnley FC. [15]
While the Philippine Racing Commission is a board that regulates horse racing in the country, provides updated information on policies, and offers news on the horse racing industry. The PRC also establishes guidelines on racing permits by defining what constitutes a proper racing horse and the procedures in registering it. Aside from that, they create the rules for racing and distribute the prizes to be awarded for the winner.[16] The Games and Amusement Board handles the betting aspects involving the discipline.
PhilWeb Corporation, originally known as “South Seas Oil and Mineral Exploration Co. Inc.” began as a mining and exploration company in 1969. In 2000, the company, by now an Internet company known as “South Seas Natural Resources Inc.” began a major restructuring plan that called for changes in the company’s name, primary purpose, increase in capital stock, and the declassification of shares among other matters. Upon a Deed of Assignment with All-Acacia Resources Inc., the company turned over all rights to its mining claims and mining related assets on January 18, 2000. The company then changed its name to PhilWeb.Com Inc. (later changed to PhilWeb Corporation) in light of its new primary purpose as a gaming technology provider. Today, PhilWeb serves 70,000 account holders from their nationwide network of internet cafes, sports betting kiosks, and mobile games in the Philippines. The company’s reach expands throughout the Asia-Pacific region, serving customers in Guam, Timor Leste, and Cambodia.[17]
SBOBET is an online sports bookmaker established in 2004 and operated by the First Cagayan Leisure & Resort Corporation. The company is also licensed and operates in Europe under Isle of Man. SBOBET offers betting on all major sports, online games, racing, financial betting, and poker. It offers all services in multiple languages so as to cater to international customers. In 2009 and 2010, SBOBET was awarded the “Asian Operator of the Year” award by eGaming Review Magazine at the EGR Awards[18]. The company also ranked 11th on eGaming Review’s Power 50 Companies list, marking SBOBET as one of the world’s most influential operators.[19]
Types of Gambling
editLegal
editCasino
edit- Casinos are venues where people go to in order to engage in legal gambling activities usually for entertainment and earning’s sake. Gambling in casinos are usually played via cards and casino chips, slot machines, and more. Below are some of the games that are often played in casinos:
Poker is a card game played on a poker table wherein each player is dealt with 5 cards and the player with the highest hand wins. There are certain kinds of arrangements of the 5 cards each player holds, with one kind ranking higher than the other. The player with the highest form of 5 cards at the end is the winner of the game. The highest hand wins the game and the pot. This game usually involves 5-8 players, and it entails wagering, bluffing, etc..[20]
In Blackjack, the dealer and the player compete with each other through the addition of the numerical values of the cards. Face cards (King, Queen, Jack) equate to 10, an ace can either equate to 1 or 11, and the rest of the cards have their numbers as their numerical value. The player wins here by reaching the numerical value of 21 or by simply being higher than the numerical value of the dealer (given that their numerical values are both less than 21). The player/dealer loses the game if he/she exceeds 21 (this incident is called “going bust”). As it follows, this game is also called “Twenty-One”.[21]
Roulette is a game where the player simply bets his money on where a ball will stop in a spinning wheel. The wheel has numbers, and these numbers are either color red or black. The player can bet if the ball lands on a certain number, on a certain range of numbers, on either a black number or a red one, an odd or even number, etc. [22]
Usage of slot machines is another way of gambling in the casinos. Here, the player wins or loses depending on the combination the machine displays at the end of a spin. If the machine displays matching images or letters, then the player gets a reward such as money, or a free spin, but if the machine displays different and non-matching images or letters, then the player loses.[23]
Sweepstakes
edit- Sweepstake games are contests where the winner can take all the prize.[24]
Lotteries in the Philippines are held by the Philippine Charity Sweepstakes Office. How it works is that there are 6 numbers randomly drawn within a certain range of numbers, depending on the type of lottery. There are several types of lottery made by the PCSO, such as the Lotto 6/42, Megalotto 6/45, Superlotto 6/49, etc.[25] The person whose chosen lottery numbers in the card matches that of the ones drawn by the host wins the jackpot prize, but the amount of money of the prize depends on the type of lottery, as well as how many of the chosen numbers in the card match the numbers that were drawn .[26]
In horse race betting, people bet their money on which horses will win the race. People bet by giving their betting money to the selling windows or betting stations, then they claim their prizes there, if they win their bets. People can bet on multiple horses for higher chances of winning, and can choose among different types of horse race betting. Some of the different types of betting are win, place, show, Double Quinella, Forecast, Trifecta, Quartet, Daily Double, Pick 4, and Pick 6, etc.
- For win type, in order to win, the horse you're betting on has to be 1st place.
- For place type, the horse you're betting on needs to win 1st or 2nd in order for you to win.
- For show type, the horse you're betting on needs to win 1st, 2nd, or 3rd in order for you to win.
- For Double Quinella, the horses you're betting on needs to win 1st and 2nd in either order.
- For Forecast, the horses you're betting on needs to win 1st and 2nd in exact order.
- For Trifecta the horses you're betting on needs to win 1st, 2nd, and 3rd in exact order.
- For Quartet, the horses you're betting on needs to win 1st, 2nd, 3rd, and 4th in exact order.
- For Daily Double, the horses you're betting on needs to win the 2 consecutive races.
- For Pick 4, the horses you're betting on needs to win 4 consecutive races.
- For Pick 6, the horses you're betting on needs to win 6 consecutive races. [27] [28]
Cock-fighting
editCock-fighting is a sport wherein 2 cocks that have been carefully bred and specially fed wrestle each other inside cockpit arenas until one dies or is unable to go on and the people bet their money on which cock will win. Most cockpits have a maximum of 10 minutes of fighting time. The victorious cock gets treatment and medicine after the fight and gets a break of around 3 to 5 months before fighting again while the losing cock which is dead is usually consumed by either the winning owner of the cock as a prize, or by other people. [29] [30]
Street games
edit- People from corners of the street sometimes play simple games like pusoy dos, mahjong, tongits, and sakla, where money is on the line. [31]
Online Gambling
editWith regard to online gambling in the Philippines, the current president of the Philippines Rodrigo Duterte stated that he would close all online gaming firms in the country.[32]. However, this statement was followed by a clarification statement that only those online gambling firms that weren't handled and licensed by PAGCOR were to be closed and considered illegal. Those gambling firms online that are handled and licensed by PAGCOR can still be considered legal. Some online gambling firms under PAGCOR include PhilWeb, DFNN, etc.[33] Online gambling entails the usual gambling games like poker, blackjack, lottery, etc.
Illegal
editJueteng
editJueteng is an illegal numbers game that is a form of local lottery, and is popular in the country due to its nature. The game was probably introduced during the Spanish colonization, and like cockfighting, it was done so by Chinese entrepreneurs.[34] The name itself comes from the Chinese characters hue, meaning flower, and teng meaning to bet. It involves the combination of thirty-seven (37) numbers against thirty-seven (37) numbers, (thirty-eight [38] numbers in some areas), numbered one (1) to thirty-seven (37), and bets are placed and accepted per combination.[35] The game is usually played by choosing a combination of two numbers from 1 and 37, then little numbered balls (bolitas) are shaken in a basket (usually a rattan basket) and two balls are drawn before witnesses.[34]
The estimated gross revenue of the game varies, but it can reach to up to $500 million.[36] Around thirty percent of this is paid as protection money to law enforcers and political figures, then another thirty is for the surplus of the operator, and the rest is for winnings, shares of employees, and expenses.[37]
There are several reasons why the numbers game has prevailed despite its illegality[37]:
- Jueteng bets are low, as low as ₱0.25 or ₱1.00, and a bettor can win up to ₱400 to ₱1000, depending on total revenue and number of bettors.
- Jueteng operations require minimal costs and assets. The draw or bola can be done anywhere at any time.
- Transactions do not take much time, unlike other forms of gambling (e.g. Bingo, cockfighting, etc.).
- There are many cases where it is protected by law enforcers or government officials.
- There is much support from the locals.
- There is local superstition to use draw bets based from birthdays, deaths, special occasions, dreams, etc.
One of the biggest scandals concerning Jueteng involved former Philippine President Joseph Estrada in 2000 called the Juetengate. Estrada was accused by Senate Minority Leader Teofisto Guingona on October 5, 2000 of receiving cash payouts from jueteng as protection. Days later, Luis "Chavit" Singson claimed that, as Estrada's bagman, he had given Estrada around ₱400 million from jueteng collections nationwide.[38] This triggered the second EDSA revolution from January 17 to 20, 2001 and the eventual resignation of Joseph Estrada on the last day of the revolution.[36]
Masiao
edit- 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.[39]
Last Two
edit- 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.[40]
Prominence in various regions
editProvincial gambling
editBetting on contests pitting two animals against one another in a fight to the death is a way of life for many males in the country's hinterlands.
- Year-round blood sports
- Sabong or cockfighting
Every weekend, arenas across the Philippines are packed with thousands of men anxious to legally wager on fights featuring roosters with razor-sharp gaffs fitted to their legs. The sheer spectacle of such an event-with its fast pace, noise, gore, and crowd participation-has done much to establish cockfighting as the national sport of the Philippines.[41] [42]
- Blood sports during local feasts
- Horse Fights by the T’boli of Lake Sebu in Southern Cotabato every September
- Festival of the Bulls, the town of San Joaquin held in January[43]
- Seasonal blood sports
Season: Spider wrestling does not occur year round. It is a seasonal activity that typically begins during the rainy season when vegetation is lush and spiders are plentiful. From September through January, groups of boys can be seen roaming the countryside in search of the perfect wrestling spider. Invariably, this takes place outdoors since household spiders (gagambang bahay) are considered poor fighters. Hunts can last up to several hours and normally happen in the morning or late afternoon when spiders return to the center of their webs and are easily captured.[44]
Gambling Behavior: As a form of petty gambling, spider fighting is simple and straightforward. Side bets and other wagers not directly related to the outcome of a bout tend to be rare. Matches can take place almost anywhere and require minimal cost to participate in them. Although most schoolboys have little in terms of material wealth, they rarely agree to a contest without something of value at stake. The primary wager is customarily between the two spider owners. These bets usually involve the exchange of money or the spiders themselves. When cash is wagered, amounts tend to be low. Most bets do not exceed P100, although some occasionally reach into the P1,000-P2,000 range. When fighting spiders are wagered, matches tend to be less serious and, as a rule, not permitted to continue to the death. Anyone can bet on a spider-wrestling contest. Much of the action surrounding a match takes place among the friends and classmates of those directly involved. Their participation adds an air of excitement that would otherwise be missed if wagering were limited strictly to spider owners. Spectators generally bet in small amounts, though sometimes friends will pool their funds to increase the size of a payoff. Since there are no bookies or odds-makers to influence the stakes of a contest, betting is usually a matter of personal preference; but sod pressure does exist for boys to wager on their bends' spiders. Given the short duration of most bouts, cash will change hands frequently. An implicit honor system is followed when it comes to collecting or paying bets. When participants are not well acquainted, money is usually entrusted with a neutral third party until a winner is declared. If a loser should try to renege on a bet, trouble is likely to occur.[45]
In the Philippines, gambling isn’t just a past time, but a way to honor the dead. Betting games, mah jong, and card tables are often set up at Filipino wakes, or paglalamay, where the tradition is to keep a 24-hour vigil over the deceased until the burial. Making wagers at games such as "sakla", the Philippine version of Spanish tarot cards, is particularly common at wakes, because the family of the deceased gets a share of the winnings to help cover funeral expenses.[46]
“It has its functions, it is a way of keeping mourners around,” Randolf David, a sociology professor at the University of the Philippines, told Reuters. Businesses dedicated to operating these games go from one wake to another, David said. He added that small syndicates often operate such games, moving from one wake to another.[47]
Popular games include, but are not limited to, Sakla (a version of tarot cards), bingo, poker, and mahjong. Even the kids get in on the action by betting on fighting spiders.The practice of gambling at wakes is so popular (and viewed as mostly legal) that gaming syndicates reportedly organize “fake” wakes in order to provide a venue for serious gamblers. Because of the general lack of enforcement at funerals, and the slightly more stringent limits on gaming otherwise, there has been a measure of success with the business. Apparently, obtaining a stand-in corpse for these fake wakes is as simple as renting one from the local morgue. Oftentimes, these rented (or sometimes even purchased) bodies are unclaimed corpses. For morgues, the motivation to participate in this trade is rather high as renting them out (at whatever price) is going to be more than what it would cost to store them.[48]
Laws and regulations
editAs gambling is allowable in the Philippines, there are certain laws in the Constitution that people must obey and be aware of in order to avoid penalties.
Republic Act No. 9287 is an act increasing the penalties for illegal number 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.
- 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. [49]
Under the Presidential Decree No. 1602: Prescribing Stiffer Penalties on Illegal Gambling declared by then President Ferdinand E. Marcos on June 11, 1978, are the following:
Section 1. Penalties. The following penalties are hereby imposed:
- a) The penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prison mayor in its medium period of a fine ranging form five thousand to ten thousand pesos shall be imposed upon:
- 1. Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pangguingue and other card games; paik que, high and low, mahjong, domino and other games using plastic tiles and the likes; slot machines, roulette, pinball and other mechanical contraptions and devices; dog racing, boat racing, car racing and other forms of races, basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests include game fixing, point shaving and other machinations; banking or percentage game, or any other game scheme, whether upon chance or skill, wherein wagers consisting money, articles of value or representative of value are at stake or made;
- 2. Any person who shall knowingly permit any form of gambling referred to in the preceding subparagraph to be carried on in inhabited or uninhabited place or in any building, vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has a reputation of a gambling place or that prohibited gambling is frequently carried on therein, or the place is a public or government building or barangay hall, the malefactor shall be punished by prison correccional in its maximum period and a fine of six thousand pesos.
- b) The penalty of prison correccional in its maximum period or a fine of six thousand pesos shall be imposed upon the maintainer or conductor of the above gambling schemes.
- c) The penalty of prison mayor in its medium period with temporary absolute disqualification or a fine of six thousand pesos shall be imposed if the maintainer, conductor or banker of said gambling schemes is a government official, or where such government official is a player, promoter, referee, umpire, judge or coach in case of game fixing, point shaving and machination.
- d) The penalty of prison correccional in its medium period or a fine ranging form four hundred to two thousand pesos shall be imposed upon any person who shall, knowingly and without lawful purpose in any hour of any day, possess any lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers which have taken place or about to take place.
- e) The penalty of temporary absolute disqualifications shall be imposed upon any barangay official who, with knowledge of the existence of a gambling house or place in his jurisdiction fails to abate the same or take action in connection therewith.
- f) The penalty of prison correccional in its maximum period or a fine ranging from five hundred pesos to two thousand pesos shall be imposed upon any security officer, security guard, watchman, private or house detective of hotels, villages, buildings, enclosures and the like which have the reputation of a gambling place or where gambling activities are being held.
Sec. 2. Informer’s reward. Any person who shall disclose information that will lead to the arrest and final conviction of the malefactor shall be rewarded twenty percent of the cash money or articles of value confiscated or forfeited in favor of the government.
Sec. 3. Repealing Clause. Provisions of Art. 195-199 of the Revised Penal Code, as amended, Republic Act No. 3063, Presidential Decrees Numbered 483, 449, 510 and 1306, letters of instructions, laws, executive orders, rules and regulations, city and municipal ordinances which are inconsistent with this Decree are hereby repealed.
Sec. 4. Effectivity. This Decree shall take effect immediately upon publication at least once in a newspaper of general circulation.
[50]
Economic Aspects
editThe Philippines is rising steadily in the gaming industry, slowly establishing itself as one of the gambling capitals of Southeast Asia. It boasts more casinos than Macau, the Asian gambling giant who receives the majority of its income from gambling operations.
In Metro Manila alone, there are about 20 casinos. Calabarzon, located south of Manila, has 5 casinos while the Visayas and Mindanao have around 10 gambling areas.[3] There are also plans to expand into areas like Cebu and Cagayan de Oro. This abundance of casinos and gaming areas aided in the 17% growth of the gambling industry in 2015. The reported gross revenue for 2015 was PHP 130 billion, a significant increase from 2014’s PHP 111 billion.[51]
Much of this growth can be attributed to Manila’s Entertainment City, which consists of first-class casinos and hotels such as Solaire Resort and Casino and City of Dreams Manila. These hotels and casinos are a huge source of tourism, which brings in additional revenue for the country.
Impact and Effects on Society
editCultural impact
editGambling has contributed to the Philippines' culture and identity ever since its introduction and rise in popularity in the country. Similar to other East and Southeast Asian countries, the Philippines has developed a reputation of a gambling society.[52] This culture of gambling permeates various sectors of the Philippine society, most primarily the rural males. According to the social anthropologist, Per Binde, “Gambling is a social, cultural and economic phenomenon, a remarkably flexible way of redistributing wealth, which is embedded in the socio‐cultural systems of societies.”[53]
For the Philippine nation, which is predominantly subscribed to the Catholic religion, the issue of gambling also has moral impacts. In January 2005, the Catholic Bishops’ Conference of the Philippines released a statement on their stand and collective policy for gambling.[54]
Game of chances have served various purposes in the local life of Filipinos, including peer relations and as recreational activities. Although it was seen before as a platform for deviance and criminality, gambling has also evolved into a social activity since its legalization.
Money laundering
editBy INTERPOL definition, money laundering is "any act or attempted act to conceal or disguise the identity of illegally obtained proceeds so that they appear to have originated from legitimate sources".[55] Large sums of money coming from gambling or any money from illegal gambling is considered as “dirty money”, and can be used to file money laundering cases. The U.S. Department of State said in its International Narcotics Control Strategy Report in March 2017 that “criminal groups already take advantage of Philippine casinos to transfer “illicit proceeds from the Philippines to offshore accounts,” and that the country’s gaming palaces have “high risks for money laundering.[56]
One of the biggest money laundering cases in the Philippines so far happened in February 2016, known as the Bangladesh bank robbery or bank heist. $81 million of the money stolen from the Bangladesh Bank was laundered into Philippine casinos via transfer requests and the SWIFT network. Another $850 million was supposed to be wired to personal bank accounts in the Philippines, but was blocked by authorities.[57]
In 2012, Philippine lawmakers managed to exclude casinos from the roster of organizations required to report to the Anti-Money Laundering Council regarding suspicious transactions. However in May 2017, despite the lobbying of the gaming industry, the Philippine Congress, under the Duterte administration, approved an amendment to a money laundering law to cover gambling. Casinos would, under the proposed amendment, be required to report accumulated bets totaling 3 million pesos ($60,000) to the country's anti-money laundering body within a 24-hour period.[58]
Gambling addiction
editAccording to its medical definition, gambling addiction or pathological gambling is the disorder of impulse control in which a person makes wagers of various types—in casinos, at horse races, to book-makers—which compromises, disrupts, or damages personal, family, or vocational pursuits.[59] Psychiatrist Ivanhoe Escartin of the Philippine Psychiatric Association (PPA) said that winning in gambling can get players hooked because of the “pleasure” of winning, which they want to feel again. But even when losing, gambling can become a compulsive habit because the players tend to try to recoup their losses.[60]
In the Philippines, PAGCOR is the government arm that regulates authorized gaming establishments around the country. It implements its Code of Practice for Responsible Gaming in all its PAGCOR-operated gaming areas and licensed entities in authorized gaming establishments to prevent gambling addiction and minimize potential harm to individual players and the community. This responsible gaming program includes training of gaming employees, limited access, probity measures, and advertising guidelines, among others.
Another intervention done by Philippine casinos under PAGCOR is the exclusion program, which prohibits problem gamers from all gaming venues or sites. Relatives of problem gamers or they themselves apply for the program in an attempt to prevent the worsening of gambling tendencies.[61]
See also
editReferences
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- ^ a b c "Presidential Decree No. 1067-A - Creating The Philippine Amusements and Gaming Corporation, Defining Its Powers and Functions, Providing Funds Therefor, and For Other Purposes". PRESIDENTIAL LAWS STATUTES AND CODES. Chan Robles Virtual Law Library. Retrieved 8 July 2017.
- ^ a b "7.2% GDP growth: Gaming the numbers?". The Manila Times. Retrieved 8 July 2017.
- ^ Chan, Albert (1978). "Chinese-Philippine Relations in the Late Sixteenth Century and to 1603". Philippine Studies. 26: 51–82.
- ^ Halili, Maria Christine N. (2004). Philippine History. Manila: Rex Book Store, Inc.
- ^ a b "The Beginning of Lotteries in the Philippines". Philippine Charity Sweepstakes Office. Philippine Charity Sweepstakes Office. Retrieved 5 July 2017.
- ^ "History". philracom. Philippine Racing Commission. Retrieved 6 July 2017.
- ^ de Barjo, Marciano R. (2005). Basques in the Philippines. Reno, Las Vegas: University of Nevada Press. p. 118.
- ^ Blair, Emma H.; Robertson, James Alexander (1903–1907). The Philippine Islands, 1493-1898. Cleveland: A.H. Clark.
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- ^ Last Two as defined in Republic Act No. 9487 AN ACT FURTHER AMENDING PRESIDENTIAL DECREE NO. 1869, OTHERWISE KNOWN AS PAGCOR CHARTER http://www.lawphil.net/statutes/repacts/ra2007/ra_9487_2007.html
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- ^ Castro, Erik De, and Rosemarie Francisco. "Wagers at Funerals Help Defray Death Expenses in the Philippines." Reuters. Thomson Reuters, 23 June 2015. Web. 07 July 2017. http://uk.reuters.com/article/uk-philippines-gambling-widerimage-idUKKBN0P310720150623
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