[Last Name, First Name, Middle Initial]

Chapter One. - GAMBLING AND BETTING

Re: Resma, et al.

May 13, 1981 A.M. No. P-2387 EN BANC

Syllabus Question & Answer

Why is gambling illegal?

Gambling is illegal and generates unwholesome consequences on the gambler and his family. Gambling
diverts valuable time from the employee’s more important responsibilities such as raising his family and
performing his job. Money is of course essentially involved and oftentimes, the gambler is in debt.

Gambling may consequently introduce factors which can erode the structure of the family and society.
When the employee’s salary is dissipated or lost in gambling, it is a source of family squabbles and
consequent disunity. Precisely, that telephone complaint of a worried wife of one of the respondents
precipitated the investigation. His family and work are neglected. A gambler is often in debt and malverses
money or property or indulges in illicit and extra-marital affairs and may acquire unwholesome or anti-
social habits.

Relevant RPC Provisions, Concepts, & Doctrines

Some gamblers are neurotics driven by latent rebellion ‘against logic, cleverness, moderation, morals and
renunciation and by a deep unconscious feeling of guilt.’ In such cases, according to this analysis, the
gambler ‘really’ wants to lose, and keeps going until he loses to obtain the requisite self-punishment.

The use of sharp practice and cheating has aroused suspicion of gamblers and their trade. In a Puritanical
culture, also, gambling is obnoxious as a form of mere pleasure-seeking, and legal penalties are looked
upon as the appropriate means to prevent it. Moreover, apart from the serious crime of racketeering,
gambling is often found to have been an important element in the development of a criminal career.

P.D. 1602
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 prision mayor in its medium period or a fine
ranging from 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 to 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 of 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 malfactor shall be punished by prision correccional in its
maximum period and a fine of six thousand pesos.

(b) The penalty of prision 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 prision 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 the player, promoter, referee, umpire, judge or
coach in case of game fixing, point shaving and machination.

(d) The penalty of prision correccional in its medium period or a fine ranging from 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 prision 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.

R.A. 9287
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.

ISSUE/S:

Are the accused court employees guilty of violating P.D. No. 1602 or the Gambling Law? [YES]

FACTS OF THE CASE

Judge Paredes received a phone call from an anonymous woman who claimed that the courtroom of
Branch III of the City Court had been converted by some city court employees into a gambling casino. He
decided to visit the courtroom incognito and found out that these city court employees were indeed
gambling inside the courtroom while drinking liquor and smoking. This prompted him to notify the police
and together they went to investigate incognito. Once again Judge Paredes and the police officers saw the
gambling session inside the courtroom. A raid was organized along with several members of the media.
They raided the courtroom and arrested the offenders. The accused denied all allegations of gambling and
alleged they were just playing “dama”.
 RULING

The Supreme Court held that the testimony of Judge Paredes and several police officers who went
with him to investigate the alleged gambling session were enough to convict the accused. They
held that gambling is illegal because it generates unwholesome consequences on the gambler and
his family. Gambling diverts valuable time from the employee’s more important responsibilities
such as raising his family and performing his job. Money is of course essentially involved and
oftentimes, the gambler is in debt. Gambling is often found to have been an important element in
the development of a criminal career