Illegal gambling in the Philippines is governed primarily by Presidential Decree No. 1602, as amended by Republic Act No. 9287 (specifically for illegal numbers games). The state maintains a strict policy against unauthorized gambling to prevent social menace and the proliferation of organized crime.
Below is a comprehensive guide on the penalties, the legal framework, and the procedural requirements for posting bail.
1. Legal Framework and Penalties
The severity of the penalty depends on the nature of the gambling activity and the role of the individual involved (e.g., bettor, collector, or operator).
Presidential Decree No. 1602 (General Illegal Gambling)
This decree covers various forms of illegal gambling such as cara y cruz, ponte, basula, and unauthorized cockfighting.
- Bettors: Prison terms ranging from prison correccional in its medium period or a fine.
- Maintainers/Operators: Higher degrees of prison correccional and significant fines.
- Government Officials: If a public officer is involved or provides protection, the penalty is often the maximum prescribed for the offense, including perpetual disqualification from public office.
Republic Act No. 9287 (Illegal Numbers Games)
This law specifically targets games like Jueteng, Masiao, and Last Two. The penalties are significantly harsher:
| Role | Penalty (Imprisonment) |
|---|---|
| Bettor | 30 days to 90 days |
| Collector / Agent | 8 years and 1 day to 10 years |
| Coordinator / Supervisor | 10 years and 1 day to 12 years |
| Maintainer / Manager | 12 years and 1 day to 14 years |
| Financier / Capitalist | 14 years and 1 day to 16 years |
| Protector / Coddler | 16 years and 1 day to 20 years |
2. Arrest and Inquest Proceedings
When an individual is caught in flagrante delicto (in the act) of illegal gambling, the following happens:
- Warrantless Arrest: Under Rule 113, Section 5 of the Rules of Court, a peace officer may arrest a person without a warrant if the offense is committed in their presence.
- Inquest: The arrested person is brought to the Office of the Prosecutor for an inquest investigation to determine if the arrest was lawful and if there is probable cause to file charges in court.
- Filing of Information: If probable cause is found, a formal "Information" (criminal charge) is filed with the Municipal or Regional Trial Court.
3. Procedures for Posting Bail
Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court.
Step 1: Determination of Bail Amount
The judge reviews the Information filed by the prosecutor. The amount is usually based on the Bail Bond Guide issued by the Department of Justice (DOJ), though the judge has the discretion to increase or decrease it based on the accused's profile and flight risk.
Step 2: Choosing the Form of Bail
There are four ways to post bail in the Philippines:
- Corporate Surety: A bond from a registered insurance company licensed by the Supreme Court.
- Cash Deposit: The full amount paid in cash to the Clerk of Court. (This is refundable after the case is terminated).
- Property Bond: Using real property (land/house) as a lien in favor of the government.
- Recognizance: Release to the custody of a responsible member of the community (usually for those indigent or charged with light offenses).
Step 3: Submission of Requirements
The accused must submit several documents to the court:
- Order of Release (drafted for the judge’s signature).
- Photos (2x2) of the accused.
- Barangay Residency Certificate.
- Waiver of Appearance (optional, for certain stages).
Step 4: Approval and Release
Once the requirements are submitted and the fee is paid, the judge signs the Order of Release. This order is served to the jail warden or the police station holding the accused, who must then release the individual immediately unless they are being held for another lawful cause.
4. Crucial Legal Notes
The "Non-Bailable" Exception: While most gambling offenses are bailable, if an individual is charged under laws where the penalty is Reclusion Perpetua (such as certain high-level organized crime syndicates linked to gambling) and the evidence of guilt is strong, bail may be denied.
Rights of the Accused
Under the 1987 Philippine Constitution, every person has the right to:
- Be informed of the nature and cause of the accusation.
- Remain silent and have competent, independent counsel.
- Be presumed innocent until proven guilty beyond reasonable doubt.