Anti Illegal gambling ordinance

February 5, 2018 | Author: Irish Arianne Romero | Category: Gambling, Local Ordinance, Legal Personality, Crimes, Crime & Justice
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The Anti-Illegal Gambling Ordinance of Barangay Poblacion Page 1 of 9

Republic of the Philippines BARANGAY POBLACION Municipality of Lingayen BARANGAY ORDINANCE NUMBERED 013 (Series of 2015) A PROPOSED BARANGAY ORDINANCE REGULATING ALL FORMS OF ILLEGAL GAMBLING, IMPOSING CHARGES ON VIOLATIONS AND CREATING A BARANGAY ANTI-ILLEGAL GAMBLING TASK FORCE Explanatory Note WHEREAS, illegal gambling practices are stated in the Articles 195 to 199 of The Revised Penal Code and other subsequent laws such as Presidential Decree No. 1602 (Prescribing Stiffer Penalties on Illegal Gambling which modified Article 195 to 199 of the Revised Penal Code and repealed inconsistent provisions) and Republic Act No. 9827 (Increasing the Penalties for Illegal Number Games, Amending Certain Provisions of Presidential Decree No. 1602, and For Other Purposes); WHEREAS, Section 13 of Article 2 of the 1987 Philippine Constitution provides that the state shall recognize the vital role of the youth in nation-building and it shall promote and protect their physical, moral, spiritual, intellectual, and social well-being; WHEREAS, Section 391 of Republic Act 7160, otherwise known as the Local Government Code of 1991, states that the Sangguniang Barangay shall enact ordinances as may be necessary to promote the general welfare of its inhabitants and shall provide for the proper development of the children in the barangay by promoting and supporting activities for the protection and total development of children; WHEREAS, gambling practices bring harmful effects to its consumers and their community. Such acts can be sources of crimes, result into addiction, ruin personal and interpersonal and intrapersonal relationships and harm physical health of individuals. These acts could also affect minors by associating, harming or exploiting them to such. WHEREAS, the Sangguniang Barangay of Poblacion is committed to uplift the socioeconomic well-being of its residents and maintain and provide protection of the minors in the community; WHEREAS, in order to stop illegal gambling practices in the community, to ensure the general welfare of its residents, particularly the minors; the need for regulating all forms of illegal gambling, imposing charges on such acts and establishment of a Barangay Anti-Illegal Gambling Task Force are provided in this ordinance; BE IT ENACTED BY THE SANGGUNIANG BARANGAY OF POBLACION IN SESSION ASSEMBLED, THAT:

The Anti-Illegal Gambling Ordinance of Barangay Poblacion Page 2 of 9

Article I GENERAL PROVISIONS Section 1. Title of the Ordinance. This ordinance shall be known as the “Anti-Illegal Gambling Ordinance of Barangay Poblacion”. Section 2. Objectives. The objectives of this proposed ordinance are as follows: a.) To regulate illegal gambling practices for the general welfare of the people of Barangay Poblacion; b.) To prevent gambling from becoming a source of crimes and disorders in the community; c.) To protect minors from illegal gambling and to avoid them from being associated, harmed or exploited from such activities; d.) To prevent illegal gambling from affecting relationships in the community; and to help maintain and stabilize such relationships; e.) To promote and maintain peace and security in the barangay; and f.) To promote and secure the character and morals of the people of Barangay Poblacion. Section 3. Definition of Terms. When used in this ordinance, the following terms shall mean as follows:  Illegal – refers to anything contrary to law.  Gambling – refers to series of activities of gaming and betting.  Practices – refer to any activities related to gambling.  Minor – refers to persons below eighteen (18) years of age.  Business establishments – refer to places where business is conducted, goods are made or stored or processed or where services are rendered.  Cockfighting – refers to a contest in which gamecocks usually fitted with metal spurs are pitted against each other.  Bingo – refers to a lottery game where cards with grids are being used on which five numbers that are covered in a row in any direction constitutes a win.  Lottery - refers to a game whose outcome is determined by chance.  Jueteng – refers to 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.  Jai alai – refers to a court game somewhat like handball played usually by two or four players with a ball and a long curved wicker basket strapped to the wrist.  Cara y cruz – refers to a toss coin game.  Black jack – refers to a gambling game using card wherein the object is to hold cards having a higher count than those dealt to the banker up to but not exceeding 21.  Lucky nine – refers to a card game with an object of reaching a count of nine.  High and low - a poker game in which both high and low hands are eligible to win.  Masiao – refers to a 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

The Anti-Illegal Gambling Ordinance of Barangay Poblacion Page 3 of 9



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on any fictitious Jai Alai game consisting of ten (10) players pitted against one another, and its variants. Last Two – refers to a 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. Mahjong – refers to a game wherein players pick up pieces of plastic tiles to build a winning combination. Domino – refers to a game played with rectangular tiles. Slot machines – refers to a gaming machine that generates random combinations of symbols on a dial, certain combinations winning varying amounts of money for the player. Roulette – refers to a gambling game in which a ball is dropped onto a revolving wheel with numbered compartments. Pin ball – refers to a game in which small metal balls are shot across a sloping board and score points by striking various targets. Bookie operations – refer to processes by which persons receive or negotiate bets on a fixed basis. Game fixing – refers to a practice of dishonestly determining the outcome of a match before it is played. Banking – refers to a process in which bets are laid against the gambling house or banking game. Articles of value – refers to anything that has material value (money, land, house, jewelries, e.g.) Collector or agent (Cobrador) – refers to any person who collects, solicits or produces bets in behalf of his/her principal for any illegal gambling games. Coordinator, controller or supervisor (Encargardo) – refers to any person who exercises control and supervision over the collector or agent. Maintainer or conductor – refers to any person who maintains, manages or operates any illegal gambling games in a specific area from whom the coordinator, controller or supervisor, and collector or agent take orders. Financiers or capitalist – refers to any person who finances the operations of any illegal gambling games. Protector or coddler – refers to any person who lends or provides protection, or receives benefits in any manner in the operation of any illegal gambling games. Premise – refers to any house, office, room or building, place or spot. Task Force - refers to a unit specially organized for a task. Juridical entity – refers to any entity other than a natural person created by law and recognized as a legal entity having distinct identity, legal personality, duties, and rights. Article II SCOPE AND COVERAGE

The Anti-Illegal Gambling Ordinance of Barangay Poblacion Page 4 of 9

This ordinance shall apply to all persons residing in Barangay Poblacion of the Municipality of Lingayen, including all tourists or visitors, all business establishments, whether big or small; and institutions such as hospitals and schools whether private or public, within the jurisdiction of the barangay. Article III SOURCES OF FUND The fund for the implementation and enforcement of this ordinance shall be taken mainly from the annual budget of the Sangguniang Barangay of Poblacion. Fines that will be collected from violations of this ordinance shall be added to the fund. The Sangguniang Barangay may also accept donations in cash or kind, from any local or foreign organizations as well as from the citizens of Barangay Poblacion in order to ensure that the objectives of this ordinance shall be carried out effectively. Article IV IMPLEMENTING AGENCY AND PERSONNEL Section 1. Creation of the Anti-Illegal Gambling Task Force. A functional Barangay AntiIllegal Gambling Task Force shall be organized and established for the implementation of this ordinance. It shall possess the authority to implement measures against illegal gambling practices in Barangay Poblacion. 

The Punong Barangay shall call a meeting to be attended by the citizens of Barangay Poblacion for the establishment of the task force as well as to inform the citizens about the provisions provided in this ordinance.

Section 2. Composition. The task force shall be composed of the following: Chairman – Punong Barangay Vice Chairman – First Barangay Kagawad Public Information Officer – Second Barangay Kagawad Secretary – Barangay Secretary Treasurer – Barangay Treasurer Members – Other Barangay Kagawads Barangay Security and Peace Security Officers (BSPSO) – consisting of 21 Barangay Tanods Barangay Social Worker Philippine National Police (PNP) Officers – 4 representatives School Heads - 15 School Heads coming from the different public and private schools in Barangay Poblacion Barangay Volunteers Section 3. Functions. The Anti-Illegal Gambling Task Force shall have the authority in the implementation of this ordinance and illegal gambling cases and shall exercise any and all of the following specific powers and functions: a.) To implement and enforce the rules and regulations of this ordinance; b.) To investigate illegal gambling cases; and

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c.) To conduct inspections, public information and dissemination campaigns for the implementation of this ordinance. Section 4. Powers and Functions of the Members of the Task Force. The officers and members shall be charged and invested with the following powers and functions; A. Chairman - being the head of the entire group, shall exercise overall administration of all personnel mentioned in this ordinance. He shall: (1) Supervise the investigation of cases and functions and responsibilities of the task force; (2) Direct all operations of the task force; (3) Serve as the overall coordinator among all the individuals involved in the implementation of this ordinance; (4) Establish procedures for the effective operation of the task force; (5) Review the reports of the secretary to evaluate the effectiveness of the task force; (6) Preside during meetings; and (7) Encourage the constituents of Barangay Poblacion to assist in the implementation and report violations on this ordinance. B. The Vice Chairman shall: (1) Assist the Chairman in the supervision of the activities of the task force and reviewing of the reports made by the secretary; and (2) Take in the responsibilities and functions of the Chairman during his or her absences. C. The Public Information Officer shall: (1) Print copies of this ordinance for distribution to the public; (2) Make a primer summarizing the provisions of this ordinance; (3) Publicize activities related to the implementation and enforcement of this ordinance; and (4) Assist in promoting awareness of this ordinance and in encouraging public support and participation in its implementation and enforcement. D. The Secretary shall: (1) Take charge of the recording and documentation of all events in the implementation of the ordinance; (2) Oversee the preparation of the minutes of the meeting, agenda, and all proceedings of the committee; (3) Keep records of the minutes of the meeting and other matters that the committee shall decide upon; and (4) Keep records of the violators of the provisions under this ordinance; and (5) Provide written reports of activities done in the implementation of this ordinance when necessary. E. The Treasurer shall: (1) Collect and receive fines paid by a violator; and (2) Submit reports relating to the expenses of the Task Force. F. The Members shall:  Assist the Chairman and the other officers; and

The Anti-Illegal Gambling Ordinance of Barangay Poblacion Page 6 of 9

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Perform all duties that shall be delegated to them. Barangay Kagawads and Barangay Tanods shall help during inspections and assessments. They shall help in identifying the person or business establishment that violated the ordinance and in producing evidences of the identity of the person, establishment or institution related to the offense reported. They shall also assist in public information and dissemination campaigns and promotion of awareness of this ordinance and in encouraging public support and participation in its implementation and enforcement. The PNP Officers shall render police support for the full implementation of this ordinance. They shall participate during inspections and assessments; and identification of violators, as well as in the public information and dissemination campaigns. The Barangay Social Worker shall provide counseling for minors and their parents or guardians involved in illegal gambling violations or cases. School Heads and Barangay Volunteers shall coordinate with the other members of the task force any relative information concerning illegal gambling cases and join public information and dissemination campaigns. Barangay Associations and Volunteer Groups can render support for the full implementation and enforcement of this ordinance through inspections, public information and dissemination campaign to avoid violations and impositions of the penalties.

Section 5. Enforcement. The following activities shall be done for the implementation and enforcement of this ordinance: 1. Inspections and assessments - The personnel responsible in this function shall: (a) inspect any premises; (b) monitor the activities of persons or residential areas; (c) examine machineries or equipment in the monitored premises; (d) take copies of any document or record of information needed from the premises; (e) remove and confiscate anything that he or she believes is violating the provisions of the ordinance; and (f) question any person in the area. 2. Identification of person or business establishment that violated the ordinance - The personnel responsible in this function shall: (a) monitor the activities of a person, establishment or an institution; (b) take copies of any document or record of information needed; (c) question any persons concerned or related to the person, establishment or institution; and (d) collect intelligence information on the background of the person, establishment or institution. 3. Production of evidences of the identity of the person, establishment or institution related to the offense reported. 4. Information Dissemination – The personnel responsible in this function shall: (a) produce copies of this ordinance to be given to the public; (b) conduct public information and dissemination campaigns every three months in schools and sitios of Barangay Poblacion; and

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(c) put up posters, tarpaulins or billboards in conspicuous places in Barangay Poblacion to notify the public of the restrictions and sanctions imposed by the ordinance. 5. Providing a written report after exercising the following activities mentioned in these sections.   

Any person caught committing an offense against the provisions can be taken in custody; and any articles, documents or materials under his possession can be taken without any warrant by the implementing personnel, agencies and other authorized persons. The Punong Barangay shall call for a meeting as may be necessary for the effective implementation of this ordinance and to educate people about the provisions provided. The Task Force shall conduct a barangay wide ocular inspection of residences, business establishments and institutions weekly. Article V PENAL PROVISIONS

Section 1. Prohibited Acts. The following are the prohibited acts of this ordinance: a.) Directly or indirectly taking part in any illegal gambling practices of cockfighting, jueteng, jai alai or other games that include bookie operations and game fixing; masiao, last two and other number games; bingo and other forms of lottery games; 7-11 and other dice games; blackjack, lucky nine, and other card games; high and low, mahjong, and other games using plastic tiles; roulette, pin ball and other mechanical contraptions and devices; basketball, volleyball, and other forms of individual or team contests to involve game fixing and other machinations; banking or any other game scheme, whether upon chance or skill, wherein wagers consisting of money or articles of value at stake or made. b.) Knowingly permit any form of illegal gambling referred to in the preceding subparagraph, to be carried inhabited or uninhabited place or in any building, vessel or other means of transportation owned or controlled by him c.) Acting as the, collector or agent, coordinator, controller or supervisor, financiers or capitalist, protector or coddler, and maintainer or conductor of illegal gambling activities referred to in subparagraph (a). d.) Providing or producing facilities or equipment for conducting any activities or practices of illegal gambling provided in subparagraph (a). e.) Inviting, committing or causing minors to gamble whether directly or indirectly on purpose. f.) Inviting, committing or causing minors to enter a premise wherein illegal gambling activities are being carried. g.) Inviting, committing or causing minors to be involved in the function of conducting any acts of gambling referred to subparagraph (a) under this section.

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Section 2. Fines and Penalties. The following are the corresponding penalties to the prohibited acts enumerated in the preceding section: 1.) Any person who violates the prohibited acts under this ordinance shall be penalized as follows: a. First Offense - Warning b. Second Offense – Php 500.00 or render 2 days of community service, of 2 hours per day c. Third Offense – Php. 700.00 or render 4 days of community service, of 2 hours per day d. Subsequent Offense – Php. 1,000.00 or render 5 days of community service, of 2 hours per day 2.) Parent, guardian or any adult person having the care and custody of the minor found or involved in any gambling activities or premise shall be penalized as follows: a. First Offense – Counseling by the Barangay Social Worker for the minor and parent or guardian b. Second Offense – Php 500.00 or render 2 days of community service, of 2 hours a day c. Third Offense - Php 700.00 or render 4 days of community service, of 2 hours a day d. Subsequent Offense – Php 1,000.00 or render 5 days of community service, of 2 hours a day 3.) Owners, operators or employees of any employees of business establishments found to be in violation of Section 1 of this ordinance shall be penalized as follows: a. First offense –Warning b. Second offense – Php 1,000.00 c. Third offense – Temporary closure of establishment for 3 successive days d. Fourth offense –Temporary closure of establishment for 5 successive days e. Fifth and final offense – Revocation of business clearance and permanent closure of establishment Section 3. Exemptions. This ordinance shall not apply in the following circumstances: 1. When any person participates in charity sweepstakes, lotteries and other related activities regulated and controlled by government-authorized agencies such as Philippine Charity Sweepstakes Office (PCSO) and Philippine Amusement and Gaming Corporation (PAGCOR). 2. Gambling activities duly recognized and licensed by the government.   

Any private person can file with the Task Force a complaint for any violation of this ordinance. He or she may be given incentives or rewards at the discretion of the Sangguniang Barangay of Poblacion. Violators who have not paid and/or served his or her fines/penalties shall not be given their barangay clearances. The names of the violators shall be posted at the barangay hall and other conspicuous places. If any of the offenses is committed by an institution, corporation, partnership, or other juridical entity duly organized in accordance with law, the chief executive officer, president, general manager, managing partner or such other officer-in-charge shall be liable for the commission of the offense penalized under this ordinance.

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If the violator is the enforcer and implementer of this ordinance, he or she shall also be penalized with the same fines and sanctions enumerated in Section 2. There shall be no exemptions in this ordinance. Article VI UTILIZATION OF THE COLLECTED FINES

Forty percent (40%) of the collected fines shall be included in the fund of the appropriation on the next year and the remaining sixty percent (60%) shall use for the: a.) honorarium of the Barangay Tanods and other employees b.) production of necessary materials and equipment for the implementation, inspections, public information and dissemination campaign of this ordinance. c.) rewards for informers Article VII MISCELLANEOUS PROVISIONS Section 1. Separability Clause. If for whatever reason, any provision of the Ordinance is declared to be unconstitutional or invalid, the other provisions hereof not so affected shall continue in full force and effect. Section 2. Repealing Clause. All ordinances and regulations or parts thereof, inconsistent with or conflict with the provisions of this ordinance shall be deemed repealed and/or amended accordingly. Section 3. Effectivity. This ordinance shall take effect within fifteen (15) days after its approval and the posting of the full text of this ordinance in two (2) conspicuous places of the barangay.

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