Articles 195-199 repealed where inconsistent by PD 1602 (Anti-Gambling Law)

Gambling any game or scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value
are at stake or made.
ACTS:
A. Any person who, in any manner, shall directly/indirectly take part in any illegal/unauthorized
1. Cockfighting, jueteng, jai-alai or horse racing to include bookie operations & game fixing, numbers, bingo etc
2. Cara y cruz, pompiang
3. 7-11 and any game using dice
4. black jack, lucky nine, poker, monte, baccarat, cuajo pangguigue & other card games
5. pak que, high & low, mahjong, domino & other games using plastic tiles & the like
6. slot machines, roulette, pinball & other mechanical contraptions & devices
7. dog racing, boat racing, car racing & other forms of races
8. basketball, boxing, vollegball, bowling, pingpong & other forms of individual/team constests to include game fixing, point shaving & other
machinations
9. banking or percentage game, or any other game/scheme, whether upon chance/skill, wherein wagers consisting of money, articles of
value or reprepresentative of value are at stake or made
B. Any person who shall knowlingly permit any form of gambling referred to above to be carried on in an inhabited/uninhabited place or in any
building, vessel or other means of transportation owned/controlled by him
C. Any person knowingly permitting any form of gambling to be carried on ina a place w/c has a reputation of a gambling place or where
prohibited gambling is frequently carried on therein, or in a public or govt building or brgy hall
D. The maintainer/conductor of the above gambling places
Maintainer one who sets up & furnishes the means w/ which to carry on the gambling game/scheme
Conductor one who manages or carries on the gambling game/scheme
E. A govt official who is a maintainer/conductor or banker of the gambling schemes, or the player, promoter, referee, umpire, judge or coach in
case of game fixing/point shaving & other machinations
F. Any person who knowingly & w/o lawful purpose in any hour of any day possesses any lottery list, paper or other matter containing letters,
figures signs or simbols pertaining to or in any manner used in the games of jueteng, jai alai or horse racing bookies & similar games of
lotteries & numbers w/c has taken place or about to take place
G. Any brgy official who, w/ knowledge of the existence of the gambling house or place in his jurisdiction fails to abate the same or take action in
connection therewith
F. Any security officer, security guard, watchman private or house detective of hotels, villages, buildings, enclosures & the like w/c have the
repuration of a gambling place or where gambling activities are being held.
Lottery a scheme for the distribution of prizes by chance among persons who have paid, or agreed to pay valuable consideration for the chance
to obtain a prize.
there is no lottery when there is full value for money and the prize is merely incidental
196
ACTS
1.
2.
3.
4.

IMPORTATION SALE & POSSESSION OF LOTTERY TICKETS OR ADVERTISEMENTS

IMPORTING into the PH from any foreign place/port any lottery ticket/advertisement
SELLING or DISTRIBUTING the same in connivance w/ the importer
POSSESSING, knowingly & w/ intent to use lottery tickets or advertisements
SELLING or DISTRIBUTING the same without connivance w/ the importer

 Possession of any lottery ticket/advertisement prima facie evidence of an intent to sell, distribute or use the same.

PD 485 (repealed Art 197)

ACTS
1. GAME-FIXING any arrangement, combination scheme or agreement by w/c the result of any game, races or sports contests shall be
predicted and/or known other than on the basis of honest playing skill or ability of the players/participants
2. POINT SHAVING any such arrangement, combination, scheme or agreement by w/c the skill/ability of any player/participant in a game,
race or sports contest to make points or scores shall be limited deliberately in order to influence the result thereof in favor of one or the
other team, player or participant therein
3. GAME MACHINATION any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of
influencing the result of any game, race or sports contest.
in connection w/ the games of basketball, volleyball, softball, baseball; chess, boxing bouts, jai alai, pelota & all other sports contests or
races, as well
4. BETTING therein, except as may be provided by law
198 ILLEGAL BETTING on HORSE RACES
199 ILLEGAL COCKFIGHTING (modified by PD 449)
ACTS
ANY PERSON WHO
1. BETTING on horse races during the periods not allowed by law
1. Directly/indirectly PARTICIPATES in cockfights, by BETTING
2. MAINTAINING or EMPLOYING a totalizer or other device or
money or othe valuable things in a day other than those
scheme for betting on races or realizing profit therefrom, during
permitted by law
periods not allowed by law.
2. Directly/indirectly ORGANIZES cockfights at w/c bets are made
Totalizer a machine for registering & indicating the number & nature
in a day other than those permitted by law
of bets made on horse races
3. Directly/indirectly PARTICIPATES in cockfithts, by BETTING money
or other valuable things at a place other than a licensed cockpit
Horse races are allowed during:
4. Directly/indirectly ORGANIZES cockfights at w/c bets are made
1. Sundays not reserved
at a place other than a licensed cockpit
2. 24 Saturdays
5. OWNER/MANAGER or LESSEE of the cockpit who shall PERMIT
gambling of any kind on the premises of the cockpit or place of
3. Legal holidays , except
cockfighting during cockfights.
i) Independence day
ii)
iii)
iv)
v)

Rizal day
Registration/Voting day
Holy Thursday
Good Friday

Cockfighting is allowed during

1. Sundays
2. Legal holidays except
i) Independence day
ii) Rizal day
iii) National heroes day
iv) Holy Thursday
v) Good Friday
vi) Election/referendum day
vii) Registration days for election/referendum
3. Local fiestas for not more than 3 days
4. Provincial, city/mun agricultural/commercial/industrial fair,
carnival or exposition for a similar period of 3 days

200 GRAVE SCANDAL

ELEMENTS
1. O performs an ACT/S
2. That are highly scandalous as offending against decency/good customs
3.
a. in a public place
b. within public knowledge/view
4. Not falling within any article in the RPC
Decency proprietary conduct; proper observance of modesty, good taste, etc.
Customs established usage, social conventions carried on by tradition & enforced by social disapproval of any violation thereof
Grave Scandal consists of acs w/c are offensive to decency & good customs w/c, having been committed publicly, have given rise to public
scandal to persons who have accidentally witnessed the same
The distinction should be made as to the PLACE where the offensive act was committed.
a. If the act was committed in a PUBLIC PLACE public view is not required
b. If the act was committed in a PRIVATE PLACE public view or public knowledge is required
201
1. IMMORAL DOCTRINES,
2. OBSCENE PUBLICATIONS & EXHIBITIONS
3. INDECENT SHOWS
PERSONS LIABLE:
1. Those who shall publicly EXPOUND/PROCLAIM DOCTRINES openly contrary to public morals.
2. The
a. AUTHORS of obscene literature, published w/ their knowledge in any form;
b. EDITORS of publishing such literature
c. OWNERS/OPERATORS of the establishment selling the same.
even if the real printers name is not divulged
mere possession of obscene materials is not punishable
3. Those who, in theaters, fairs, cinematographs or any other place, EXHIBIT indecent or immoral plays, scenes, acts or shows w/c are
proscribed & shall include those w/c
a. GLORIFY criminals/CONDONE crimes
b. Serve no other purpose but to SATISFY the market for violence, lust or pornography
c. OFFEND any race/religion
d. Tend to ABET traffic in & use of prohibited drugs
e. Are CONTRARY to law, public order, morals, good customs, established policies, lawful orders, decrees & edicts
4. Those who shall SELL, GIVE AWAY or EXHIBIT films, prints, engravings, sculptures or literature w/c are offensive to morals

isolated, casual or occasional act of giving

morals imply conformity w/ the generally accepted standards of goodness or rightness in conduct or character sometimes, specifically to sexual
conduct
obscene something offensive to chastity, decency or delicacy
Test of Obscenity:
1. Whether the tendency of the matter charged as obscene, is to DEPTRAVE or CORRUPT those whose minds are open to such immoral
influences, & into whose hands such a publication may fall & a
2. Whether or not such publication or act shocks the ordinary & commons sense of men as an indecency
Indecency an act against the good behaviour & just delicacy.
Mere nudity in pictures/paintings is not an obscenity. The proper test is whether the MOTIVE of the picture as indicated by it is pure or
impure, or whether it is naturally calculated to excite impure imaginations
202 VAGRANTS & PROSTITUTES
RA 10158 decriminalized vagrancy (2012)
PERSONS LIABLE:
1. MENDICANT - Any person having no apparent means of subsistence, who has the physical ability to work & who neglects to apply himself
to some lawful calling
2. Any person found LOITERING about in public/semipublic buildings/places or tramping or wandering about the country or the streets
without visible means of support.
3. VAGRANTS - Any IDLE or dissolute person who lodges in houses of ill-fame; ruffians or pimps & those who habitually associate w/
prostitutes
4. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited
place belonging to another w/o any lawful or justifiable purpose
5. PROSTITUTES women who, for money, or profit habitually indulge in sexual intercourse or lascivious conduct
N/A to minors
dissolutes lax, unrestrained, immoral
ruffians violent or lawless individuals
pimp one who provides gratification for the lust of others
Persons liable under PD1563
1. Mendicant himself
2. Any person who ABETS mendicancy by giving alms directly to mendicants, exploited infants & minors on public roads, sidewalks, parks &
bridges