SIMPLIFYING AND PROVIDING STIFFER PENALTIES FOR VIOLATIONS OF PHILIPPINE GAMBLING LAWS

12 11 2010

PRESIDENTIAL DECREE NO. 1602

SIMPLIFYING AND PROVIDING STIFFER PENALTIES FOR

VIOLATIONS OF PHILIPPINE GAMBLING LAWS

WHEREAS, Philippine Gambling Laws particularly Articles 195-199, the Revised Penal Code, Republic Act No. 3063 (Horse Racing Bookies), Presidential Decree No. 499 (Cockfighting), Presidential Decree No. 483, (Game Fixing), Presidential Decree No., 519 (Slot Machines) and Presidential Decree No. 1036 (Jai-alai Bookies) and other City and Municipal Ordinances gambling all over the country have become ineffective and easily circumvented in view of the confusing and inappropriate system of penalties imposed on violations thereof.

WHEREAS, there is an urgent need to update these gambling laws for simplicity and clearer understanding and to standardize and provide stiffer penalties for their violations to make them more effective and responsive to the present norms of conduct and behavior of the people.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and in order to effect the desired and necessary changes and reforms in the social and economic structure of our society, do hereby order and declare to be part of the laws of the land, the following:

Sec. 1. Violations and Penalties. — The penalty of prision mayor in its medium degree or a fine ranging from Five Hundred Pesos to Two Thousand Pesos and in case of recidivism the penalty of prision correccional in its medium degree or a fine of ranging from One Thousand Pesos to Six Thousand Pesos shall be imposed upon:

(a) Any person other than those referred to in the succeeding subsection who in any manner, shall directly or indirectly take part in any game of cockfighting, jueteng, bookies (jai- alai or horse racing to include game fixing) and other lotteries, cara y cruz or pompiang and the like, black jack, lucky nine, “pusoy” or Russian Poker, monte, baccarat and other card games, palk que, domino, mahjong, high and low, slot machines, roullette, pinball and other mechanical inventories or devices, dog racing, boat racing, car raising and other races, basketball, volleyball, boxing, seven-eleven dice games and the like and other contests to include game fixing, point shaving and other machinations banking or percentage game, or any other game or scheme, whether upon chance or skill, which do not have a franchise from the national government, wherein wagers consisting of money, articles of value of representative of value are made;

(b) Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be carried on in inhabited or uninhabited places or 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 culprit shall be punished by the penalty provided for in its maximum period and a fine of Six Thousand Pesos.

The penalty of prision correccional in its maximum degree and a fine of Six Thousand Pesos shall be imposed upon the maintainer, conductor of the above gambling schemes.

The penalty of prision mayor in its medium degree and temporary absolute disqualification and a fine of Six Thousand Pesos shall be imposed if the maintainer, conductor or banker is a government official, or if a player, promoter, referee, umpire, judge or coach in cases of game-fixing, point-shaving and other game machination.

The penalty of prision correccional in its medium degree and a fine ranging from Five Hundred pesos to Two Thousand Pesos shall be imposed upon any person who shall knowingly and without lawful purpose in any hour of any day shall have in his possession any lottery list, paper, or other matter containing letter, figures, signs or symbols which pertain to or in any manner used in the game of jueteng, jai-alai or horse racing bookies and similar game or lottery which has taken place or about to take place.

Sec. 2. Barangay Official. — Any barangay official in whose jurisdiction such gambling house is found and which house has the reputation of a gambling place shall suffer the penalty of prision correccional in its medium period and a fine ranging from Five Hundred to Two Thousand Pesos and temporary absolute disqualifications.

Sec. 3. Informer’s Reward. — Any person who shall give the information that will lead to the arrest and final conviction of the offender shall be rewarded an amount equivalent to Twenty Per Centum (20%) of the cash money confiscated form the offender.

Sec. 4. Repealing Clause. — The provisions of Articles 196, 197, 198 and 199 of the Revised Penal Code, as amended, Republic Act No. 3063, Presidential Decree Nos. 483, 499, 510, 1306, Letter of Instructions, laws, executive orders, rules and regulations, City and Municipal Ordinances which are inconsistent with this Decree are hereby repealed or accordingly modified.

Sec. 5. Effectivity. — This Decree shall take effect immediately upon publication thereof by the Minister of the Ministry of Public Information at least once in a newspaper of general circulation.

DONE in the City of Manila, this 11th day of June in the year of Our Lord, nineteen hundred and seventy-eight.





PRESIDENTIAL DECREE NO. 1613

12 11 2010

PRESIDENTIAL DECREE NO. 1613

AMENDING THE LAW ON ARSON

WHEREAS, findings of the police and intelligence agencies of the government reveal that fires and other crimes involving destruction in Metro Manila and other urban centers in the country are being perpetuated by criminal syndicates, some of which have foreign connections;

WHEREAS, the current law on arson suffer from certain inadequacies that impede the successful enforcement and prosecution of arsonists;

WHEREAS, it is imperative that the high incidence of fires and other crimes involving destruction be prevented to protect the national economy and preserve the social economic and political stability of the country;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution do hereby order and decree as part of the law of the land, the following:

Sec. 1. Arson. — Any person who burns or sets fire to the property of another shall be punished by Prision mayor.

The same penalty shall be imposed when a person sets fire to his own property under circumstances which expose to danger the life or property of another.

Sec. 2. Destructive Arson. — The penalty of Reclusion temporal in its maximum period to Reclusion perpetua shall be imposed if the property burned is any of the following:

1. Any ammunition factory and other establishment where explosives, inflammable or combustible materials are stored.

2. Any archive, museum, whether public or private or any edifice devoted to culture, education or social services.

3. Any church or place or worship or other building where people usually assemble.

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or property.

5. Any building where evidence is kept for use in any legislative, judicial, administrative or other official proceedings.

6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market, theater or movie house or any similar place or building.

7. Any building, whether used as dwelling or not, situated in a populated or congested area.

Sec. 3. Other Cases of Arson. — The penalty of Reclusion temporal to Reclusion perpetua shall be imposed if the property burned is any of the following:

1. Any building used as offices of the government or any of its agencies;

2. Any uninhabited house or dwelling;

3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;

4. Any plantation, farm, pastureland, growing crop, grain filed, orchard, bamboo grove or forest;

5. Any rice mill, cane mill or mill central; and

6. Any railway or bus station, airport, wharf or warehouse.

Sec. 4. Special Aggravating Circumstances in Arson. — The penalty in any case of arson shall be imposed in its maximum period:

1. If committed with intent to gain;

2. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned;

4. If committed by a syndicate.

The offense is committed by a syndicate if it is planned or carried out by a group of three (3) or more persons.

Sec. 5. Where Death Results From Arson. — If by reason of or on the occasion of arson death results, the penalty of Reclusion perpetua to death shall be imposed.

Sec. 6. Prima Facie Evidence of Arson. — Any of the following circumstances shall constitute prima facie evidence of arson:

1. If the fire started simultaneously in more than one part of the building or establishment.

2. If substantial amount of flammable substances or materials are stored within the building not necessary in the business of the offender nor for household use.

3. Gasoline, kerosene, petroleum or other flammable or combustible substances or materials soaked therewith or containers, thereof, or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property.

4. If the building or property is insured for substantially more than its actual value at the time of the issuance of the policy.

5. If during the lifetime of the corresponding fire insurance policy more than two fires have occurred in the same or other premises owned or under the control of the offender and/or insured.

6. If shortly before the fire a substantial portion of the effects insured and stored in building or property had been withdrawn from the premises except in the ordinary course of business.

7. If a demand for money or other valuable consideration was made before the fire in exchange for the desistance of the offender or for the safety of other person or property of the victim.

Sec. 7. Conspiracy to Commit Arson. — Conspiracy to commit arson shall be punished by prision mayor in its minimum period.

Sec. 8. Confiscation of Object of Arson. — The building which is the object of arson including the land on which it is situated shall be confiscated and escheated to the State, unless the owner thereof can prove that he has no participation in nor knowledge of such arson despite the exercise of due diligence on his part.

Sec. 9. Repealing Clause. — The provisions of Articles 320 to 326-B of the Revised Penal Code and all laws, executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Decree are hereby repealed or amended accordingly.

Sec. 10. Effectivity. — This Decree shall take effect immediately upon publication thereof at least once in a newspaper of general circulation.

Done in the City of Manila this 7th day of March nineteen hundred and seventy nine.





AMENDING ARTICLE THREE HUNDRED AND TWENTY OF THE REVISED PENAL CODE PROVISIONS ON ARSON

12 11 2010

PRESIDENTIAL DECREE NO. 1744

AMENDING ARTICLE THREE HUNDRED AND TWENTY OF

THE REVISED PENAL CODE PROVISIONS ON ARSON

WHEREAS, there have been rampant and wanton burnings of residential houses, public buildings, markets, hotels and other commercial establishments;

WHEREAS, to effectively discourage and deter the commission of arson, and to prevent destruction of properties and protect the lives of innocent people, it is necessary that the capital punishment be imposed upon arsonists;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the power vested in me by the Constitution, do hereby order and decree that Article 320, Revised Penal Code be amended:

Sec. 1. Article 320 of the Revised Penal Code shall read as follows:

“Art. 320. Destructive Arson. — The penalty of reclusion temporal in its maximum period to death shall be imposed upon any person who shall burn:

1. One (1) or more buildings or edifices, consequent to one single act of burning or as a result of simultaneous burnings, or committed on several or different occasions;

2. Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate for a definite purpose such as but not limited to official governmental function or business, private transaction, commerce, trade workshop, meetings and conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public conveyance or stops or terminals, regardless of whether the offender had knowledge that there are persons in said building or edifice at the time it is set on fire and regardless also of whether the building is actually inhabited or not.

3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or for public use, entertainment or leisure.

4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service of public utilities.

5. Any building the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance.

Irrespective of the application of the above enumerated qualifying circumstances, the penalty of death shall likewise be imposed when the arson is perpetrated or committed by two (2) or more persons or by a group of persons, regardless of whether their purpose is merely to burn or destroy the building or the burning merely constitutes an overt act in the commission or another violation of law.

The penalty of reclusion temporal in its maximum period to death shall also be imposed upon any person who shall burn:

1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance, storehouse, archives or general museum of the government.

2. In an inhabited place, any storehouse or factory of inflammable or explosive materials.

If as a consequence of his commission of any of the acts penalized under this Article, death or injury results, or any valuable documents, equipment, machineries, apparatus, or other valuable properties were burned or destroyed, the mandatory penalty of death shall be imposed.”

Sec. 2. Provisions of Articles 320, 321 and 322 of the Revised Penal Code which are or may be inconsistent herewith are hereby repealed.

Sec. 3. Effectivity. — This Decree shall take effect immediately.

Done in the City of Manila, this 11th day of November, in the year of Our Lord, nineteen hundred and eighty.








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