SECTION

6.53
24.
CLANDESTINE
LABORATORY
 A – CLANDESTINE LABORATORY HAZARD

a. Many clandestine laboratory operation use the drugs they

manufacture and may be extremely paranoids. handguns
and assault firing are weapon of choice for them.

b. The operating team should be well protected from dangers

of toxic chemicals and must approach all clandestine
laboratory situation with the assumption that there are
booby traps in the sites there are different types of these
devices.

c. Chemical hazard is the most prevalent hazard common to

all clan labs their presence of chemicals in a clandestine
laboratory operation is an immediate threat to low
enforcement officers however the laboratory or storage
facility is found
 CLANDESTINE LABORATORY HAZARD

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B - GUIDELINES ON INVESTIGATION OF
CLANDESTINE LABORATORY AND STORAGE
FACILITY
a. All operation involving clandestine laboratories and storage facilities shall be coordinated with PNP AIRSOFT for technical
assistance, proper assessment and evaluation prior to any negation operation.

b. The investigation shall commence with an intelligence data gathering process to verify the existence of the clandestine
laboratory or storage facility and to identify the persons involved (usual foreigner) in its operation. The intelligence
operation shall be appropriately documented by reports supported by sketches map photographs and other relevant pieces of
evidence

c. Under no circumstances shall any person deliberately use his or her sense of smell, taste or touch to identify suspected
dangerous drugs or hazardous materials or substance. Smoking strictly probated in the clandestine laboratory site.
 C - PRESERVATION OF CLANDESTINE
LABORATORY EVIDENCE
a. After a PNP anti-drug until has successfully seized clandestine laboratory, it shall ensure that the pieces of evidence are properly
preserved. It shall strictly observe the following measures:

1. All pieces of evidence shall be handled and proceed appropriately having in mind the possibility of lifting latent prints.

2.Any evidence on hand shall not be moved unless first photographed or videotaped. The photograph or videotaped shall contain date/time,
sequence, and caption including a complete description or the vehicle, location, etc. The film shall be restored properly as evidence.

3. Once the pieces of evidence has been processed the bulk chemicals in any contaminated laboratory hardware, including glassware's shall
be prevented in the clandestine laboratory until after the ocular inspection by the court.

4. All documents found in the laboratory solve preserved in the totality. They shall also be examined for fingerprints.

5. In case of possible actual environmental leakage of chemicals in the laboratory or any incident that would endanger public health and
safety, guidelines developed by the DOH and DENR as per republic act 6969 shall be followed.
 D - POST INVESTIGATION OF DISMANTLE
CLANDESTINE LABORATORY
a. When clandestine laboratory is Dismantle, investigators should conduct back tracking investigation on the
dangerous drugs, controlled precursor and in seneschal chemicals found in the laboratory:

1. Collect all documents for paper trail examination and indicators that might lead to identification of those involved,
the origin of the chemicals, and how it was obtained in brought to the country (diversion or smuggling through the
port or coastal areas)

2. Examine controlled chemical containers for labels and marking to determine manufacturer and country of source
or origin.

3. Conduct post arrest interview on the suspect/s to elicit further useful information such as obtained the controlled
chemical and when, where and how it entered the country
 II. UNPLANNED OPERATIONS

SECTION 25, In Flagrante Delicto Cases-Are act committed in violation of RA 9165 subject for warrantless arrest, search,
and seizure which is classified in this manual as unplanned operation which the exception of cases enumerated under
planned operation.
a. Other In flagrante delicto cases in violation of RA 9165 are hereby enumerated, among others as follows:
1. Search made incidental to a valid arrest.
2. Search of moving vehicles, vessels and aircrafts.
3. Seizure of dangerous drugs, CPECs etc., which are concealed in smuggled items.
4. When there is a consented search.
5, seizure or evidence in plain view(evidence which can be seen in plain view without need of search done in police
check-point, Routine Police Patrol and Inspections) and
6. Others police operations analogous to the foregoing.
b. The following procedures shall be observed by the PNP members or anti-illegal drug units, in the enforcement of
warrantless arrest under Section 5, Rule 113 and Section 13, Rule 126 of the Rules of Court, to wit,

1.The apprehending team shall immediately arrest the person found to be violating flagrante the provisions of RA 9165,

2.The dangerous drugs, CPECs, paraphernalia in equipment as the case may be, shall be immediately seized and taken
into custody of the apprehending team.

3. The seized officers shall, as far as practicable, conduct the actual physical inventory, take photographs and properly
mark the items or articles seized or confiscated in representative and representatives from the Department of justice,
MEDIA and any elected government officials who shall be required to sign on the inventory and given each a copy
therefore. However, the apprehending team may conduct the actual physical inventory and the taking of photographs off
the item seized in the nearest police station or the office of the apprehending team in the presence of the arrested suspect
and the representative required by law provided that day shall justify the reason therefore. (Refer to the rule on chain of
custody)
4. The seizing officer shall submit the seized are confiscated items to the nearest PNP crime laboratory for
examination and analysis;
5. The arresting officer shall bring the arrested suspects today office for proper custody, documentation and
proper disposition.
6. The arrested suspect/s shall be presented to the PNP CL for physical, medical examination and drug
testing.
The assigned investigator on case collate their results all the examinations, prepare the appropriate charges
and refer the case to the prosecutors office for inquest proceedings, he shall submit the following:
a. Copy of the spot report duly received by PDEA
b. Copy of the Receipt of the Inventory of items seized/Confiscated duly verified under oath.
c. Photograph of the crime scene.
d. Copy of the Receipt of Turn-Over of evidence.
e. Copy of the Receipt of Turn-Over of the arrested suspect/s.
f. Copy of the request for and the result of the laboratory, Drug Test and Physical/Medical examination
on the Drug and suspect/s
g. Copy of Booking Sheet and Arrest Report.
h. Photograph of the evidence seized and the suspect/s.
i. Copy of the Affidavit of arrest.
j. Copy of the Affidavit of Seizing Officer.
k. Affidavit of others witnesses, if any
l. Others that may be submitted later.
8. The investigator-On-case shall thereafter submit a report to the chief of office.
9. The investigator-On-case shall furnish the PDEA with a complete set
10. The Chief of office and Investigator-On-Case shall maintain a case monitoring system or record of
the case and shall ensure the religious presence of the PNP witnesses during court proceedings/ trial to
insure the conviction of the accused.
RULE IV - PENAL AND ADMINISTRATIVE SANCTION
SECTION 26, Criminal offenses - In addition to criminal liability which may be incurred for violation of existing penal statute, the
following person shall be changed under RA 9165:

a. A PNP personnel shall be held commit the following acts:

a. Misappropriation
b. b. Misapplication
c. c. Failure to account
for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals,
instruments/ paraphernalia and / or Laboratory equipment including the proceeds or properties obtained from the unlawful acts as provided
for under RA 9165. (Sec. 27, RA 9165)

b. Any PNP Officer who commits "planting of evidence" involving any dangerous drugs and/or controlled precursor and essential chemical,
regardless of quantity and purity. (Sec. 29, RA 9165)

c. Any PNP Officer who is a witness in a drug case, after due notice, who fails or refuses intentionally or negligently, to appear as a witness
for the prosecution in any proceeding without any valid reason shall be held criminally liable. (Sec. 19, RA 9165)
d. Any immediate superior of the PNP personnel who is a witness in a drug case shall also be held criminally liable, of
despite due notice to them and to the witness concerned, the former does not exert reasonable effort to present the latter to
the court. (Sec. 91, RA 9165)

e. Any immediate supervisor who fails to notify the court where the case is pending within twenty - four (24) hours from
approval, without a compelling reason, of the order for the transfer or re-assignment to any other unit located in another
territorial jurisdiction, of any PNP personnel who stand witness in a drug case. (Sec.91, RA 9165)

f. Any Police Officer tasked with the prosecution of drug related cases who, through patent laxity, inexcusable neglect, and
unreasonable delay deliberately causes the unsuccessful prosecution and/or dismissal of the said drug cases; (Sec.91, RA
9165) SECTION 27. Administrative Offense - In addition to criminal liability that may be incurred, any PNP member
found to have been violating paragraphs (a) to (f) of section 26 hereof, shall be held administratively liable after the
conduct of Summary Dismissal Proceedings for Grave Misconduct before the proper PNP Disciplinary Authorities on
accordance with NAPOLCOM MC 2007-001 or other issuances amending or modifying the same.
 RULE V- MISCELLANEOUS PROVISIONS

SECTION 28. Observance of allied paws, Rules and Regulations

a. In case involving Child in Conflict with the Law(CICL), The PNP and NAPOLCOM Manual on the management of cases of
children in Conflict with the law shall be strictly observe.

b. All PNP member shall strictly observe and adhere to all existing Regulations issued by the Dangerous Drugs Board pursuant to
Sec. 32, RA 9165.

RULE VI – FINAL PROVISIOS

SECTION 29. Repealing Clause – All publication, manuals and directives inconsistent with this manual are hereby
amended, repealed, and modified according.

SECTION 30. Effectively Clause – This Manual of Anti – Illegal Drug Operations shall take effect upon the approval of the
Chief PNP with the concurrence of the NAPOLCOM enbanc.
 RULES THAT CAUSE DISMISSAL OF ILLIGAL DRUGS CASES
The most common grounds cited in the dismissal of illegal drugs cases are the failure of police man and
PDEA agents.
(1) to respect the suspect’s Miranda rights and
(2) observe the rules on warrantless arrests,
(3) buy-bust operation and
(4) chain of custody of evidence. The PNP and the PDEA should intensively train their respective operatives
on the proper observance of those rules, and even require them to memorize those rules.
The operatives may even be supplied with cards containing those rules, which we will call
(2) Miranda warning card,
(2) valid warrantless arrest card,
(3) buy- bust operation card and
(4) chain of custody card. It will greatly help in making observation of those rules an automatic reflex.
THE MIRANDA Should contain the following:

You have the right to remain silent.

Anything you say can and will be use against you in a court of law,
You have the right to speak to an attorney.
If you cannot afford any attorney, one will be appointed for you.
Do you understand these rights as they have been read to you? ”

The VALID WARRANTLESS ARREST CARDS Should contain the following:

In Flagrante delicto- When in the officer’s presence, the personal to be arrested has committed, is actually committed,
or attempting to commit a crime . In other words, when the criminal is caught in the act of committing a crime.
Personal knowledge-when a crime has just been committed and the officer has probable cause to believe based on
personal knowledge of fact or circumstances that the person to be arrested has committed it. In other words, when an
officer know some facts to make him believe that a crime was committed, such as in hot pursuit.
Escapes- referring to detainees and prisoners who escape.
The BUY-BUST OPERATION CARD should contain the following:
A buy-bus operation is a form of entrapment witch has being accepted as a valid means of arresting violators
of the Dangerous Drugs Law. But entrapment must be distinguished from inducement, in entrapment, ways
and means are restored dead for the purpose of trapping and capturing the law breakers in the execution of the
criminal plan, whereas in instigation, the integrator practically introduce the would be dependent into the
commission of the offense, and himself becomes a co-principal. Entrapment is no bar to the persecution and
conviction of the accused; in integration the dependent would have to be acquitted. Where the criminal intent
originates in the mind of the entrapping person and the accused is lured into the commission of the offense
changed in order to prosecute him, there is no entrapment and no conviction may be had.
In illegal sale of prohibited drugs, the persecution must establish the following elements:
(1) the identifier of the buyer;
(2) the identify of the seller;
(3) the identify of the object (illegal drugs);
(4) the consideration (price);
(5) the delivery of the drugs sold; and

(6) the payment of the drug sold.

The CHAIN OF CUSTODY CARD should contain the following;

Immediately after seizure or confliction, the illegal drugs shall be properly marked for identification, weighed (when possible) or counted, sealed,
packed and labeled by the apprehending officer or team;
Immediately after seizure or confiscation, the apprehending officer or team shall conduct an inventory and take photographs of the illegal drug in
the presence of the person from whom it was seized are confiscated, or his counsel/representative or representative from the media from the
department of justice and an elected public official, and said personalities shall be required to sign and be given copies of the inventory report;
Only authorized persons shall be allowed to handle and have custody of the illegal drug, and all the movements the custody thereof shall be
recorded containing the identities and signature of those who held temporary custody thereof the dates And times when the transfers of the custody
where made in the course of the disposition of the illegal drug up to its presentation in court;
Within twenty four (24) hours from the time of seizure confiscation of the illegal drug, it must be submitted for laboratory examination, and
apprehending officer or team shall prepare a report of the confiscation or seizure containing the
(1) time, place and date of seizure
(2) the particulars of the person arrested,
(3) the identities of the apprehending officers and all persons present,
(4) the circumstances in which the seizure took place,
(5) a description of the vehicle, vessel, play store person searched into location where the substance was found,
(6) description of packaging seals another identifying features,
(7) a description of quantity, volume and units and the measurement method employed,
(8) a description of the substance found,
(9) a description of any preliminary identification test used and results,
(10) all subsequent movements of the substance or chain of custody, and (11) any other matter prescribed by the PDEA and during the
trial, the prosecution mush authenticate the specimen evidence by observing the chain of custody rule which requires that the
admissions of an exhibit be precedent by evidence sufficient to support our finding that the matter in question is what the proponent
claims it to be.

TREATMENT AND REHABILITATION

This is component under the drug demand reduction pillar which aims to reintegrate into the society recovering drug dependents.
A chance to be treated and rehabilitated is afforded to those who have fallen prey to drugs. Through they use of effective treatment
modalities, drug dependence are being trained to kick out the habit and become productive citizens of the country once again.
REQUIREMENTS ON THE APPLICATION FOR THE TREATMENT AND
REHABILITATION OF DRUG DEPENDENTS:

1. Drug Dependency Examination(DDE)

a. Drug dependence may strictly set an appointment with a DOH-accredited position for DDE.
b. He/she may also secure a referral from for DDE from the Legal Division of the Dangerous Drugs Board.
c. If a drug dependent resides outside Metro Manila he/she may coordinate with the nearest treatment and the rehabilitation Center or
Anti-Drug Abuse Council in his/her place of residents.
2. Philippine National Police (PNP) Clearance
3. Certificate of No Pending Case from Regional Trial Court (RTC) and/or municipal Trial Court (MTC),
a. If a minor drug dependent has a pending case, secure a Certification of suspension of proceedings from the RTC or MTC, where the
case was filed.
b. If an adult drug dependent, secure Certification of dismissed Case from RTC or MDC where the case was filed or Certificate that the
proceeding is suspended.
STEPS ON THE TREATMENT AND REHABILITATION OF DRUG DEPENDENT (Voluntary
Submission, voluntary thur Representation and Compulsory Confinement)
1. Secure referral form and other requirements for Drug Dependency Examination (DDE) at the legal Affairs Division,
Dangerous Drugs Board.
2. DDE is conducted by a DHO-accredited physician.
3. For voluntary confinement, submit the result of the Drug Dependency examination together with the other requirements to the
4. Legal Division of the Dangerous Drugs Board.
5. The release of petition is made either to the applicant and/or authorized representative.
6. In case of compulsory confinement, the parent(s)/spouse/relatives(s) shall execute and submit a statement/affidavit providing
information s to the drug taking habit of alleged drug dependent.

TREATMENT MODALITY
Drug treatment modality is the model or approach in the treatment of drug dependents utilized by the treatment and rehabilitation
centers.
1. Multidisciplinary Team Approach is a method in the treatment and rehabilitation of drug dependents which avails of the
services and skills of a team composed of psychiatrist, psychologist, social worker, occupational therapist and other related
disciplines in collaboration with the family and the drug dependent.
2. Therapeutic Community Approach
views addiction manifestation of a more complex psychological problem rooted in an interplay of emotional, social, physical and
spiritual values. It is a highly structured program wherein the community is utilized as the primary vehicle to foster behavioral and
attitudinal change. The patient receives the information and the impetus to change from being a part of the community. Role
modelling and peer pressure play significant parts in the program. The goal of every therapeutic community is to change the
patients' self-destructive thinking and behavioral pattern, teach them personal responsibility, positivize their self-image, create a
sense of human community and provide an environment in which human beings can grow and take responsibility and credit for
the growth.
3. Hazelden - Minnesotta Model
views addiction as a disease, an involuntary condition caused by factors largely outside a person's control. The program consists of
didactic lectures, cognitive- behavioural psychology, Alcoholic Anonymous principles / Twelve Steps Principles and biblio-
theraphy. It aims to treat patients with chemical dependency, endorsing a set of values and beliefs about the powerlessness of
people over drug taking and turning to a Higher Power to help them combat the disease. In this collaborate in defining the path to
recovery.
4. Spiritual Approach
uses the Bible as the primary source of inspiration to change. It views drug addiction as a sin,and encourages the patients to turn
and renew their relationships with the Lord.
5. Eclectic Approach aims at applying a holistic approach in the rehabilitation program. The spiritual and cognitive
components of the Twelve Steps complement the behavioural aspects of the Therapeutic Community. The skills and services of
rehabilitation professionals and paraprofessionals are made available. In doing so, different personality aspects of drug dependants
are well addressed geared towards their rehabilitation and recovery.

GAMBLING DEFINED
Gambling games refer to any game or scheme whether upon chance or skill, wherein wagers consisting of money, articles or vale
or representatives of value, are made. It is the fact that bets are made which makes an activity a gambling game. The game may be
decided purely on chance, purely on skill, or both. It becomes illegal and therefore prohibited if it is not authorized by a franchise.
However parlor games are exempted such as those during wakes, unless clearly appears that the wake is unnecessarily prolonged
as to be a cover excuse to conduct illegal gambling.
The term gaming refers to instances in which the activity has been specifically permitted by law. In the Philippines, the gaming
industry is controlled by the Philippine Amusement and Gaming Corporation (PAGCOR). The PAGCOR has the following
mandates:
a. Regulate, authorize and license games of chance, games of cards and games of numbers, particularly casino gaming, in the
Philippines;
b. Generate revenues for the Philippine Government's socio-civic and national development programs; and
c. Help promote the Philippine tourism industry thru gaming.
 Why is Gambling prohibited?
Gambling is an act beyond the pale of good morals which, for the welfare of the people, should be exterminated. It has the effect
of causing poverty, dishonesty, fraud and deceit. Many man neglected his business and mortgaged his integrity to follow the fickle
Goddess of cards. Many woman has wasted her hours and squandered her substance gambling board while some children were
forgotten (US vs. Salaveria, 39 Phil. 102).

GAMBLING AND ITS TYPES

Certain religious sectors such as Jewish and Catholic traditions often set aside days for gambling, although religious authorities
generally disapprove of gambling to some extent. Gambling can have adverse social consequences. For these social and religious
reasons, most legal jurisdictions limit gambling. Some Islamic nations prohibit gambling; most other countries regulate it.
However, in the case of the Philippines Gambling in all its forms, unless allowed by law, is generally prohibited. The prohibition
does not mean that the Government cannot regulate it in the exercise police power.
Casino Games.
This refers those games that are played in a casino environment. A casino is a facility which houses and accommodates certain
types of gambling activities. Casinos are most commonly built near or combined with hotels, restaurants, retail shopping, cruise
ships or other tourist attractions.
Electronic gaming.
This refers to games that are conducted by means of electronic means such as pachinko, slot machines and video poker.
 Non-casino gambling games.
This is a type of gambling activity which take place outside of casinos includes Bingo, dead pool, lotteries, pull-tab games and
scratch cards, and Mahjong

Fixed-odds gambling.
This frequently occurs at many types of sporting events, and political elections. Many bookmakers offer fixed odds on a number of
non-sports related outcomes, for example the direction and extent of movement of various financial indices, the winner of
television competitions. It is customary with fixed-odds gambling to know the odds at the time of the placement of the wager (the
"live price"), although this category also includes wagers whose price is determined only when the race or game (the "startling
price") It is ideal for a bookmaker to price/mark up a book such that the net outcome will always be in his favor, i.e. the sum of the
probabilities quoted for all possible outcomes will be in excess of 100%. The excess over 100% (or over round) represents profit to
the bookmaker in the event of a balanced/even book. In the more usual case of an imbalanced book, the bookmaker may have to
pay out more winnings than what is staked, or he may earn more than mathematically expected.

Parimutuel betting.
This is defined as the act of betting on horse or greyhound racing, in some countries like the Middle East camel racing is common.
Wagering may take place through parimutuel pools, or bookmakers may take bets personally.

Sports Betting.
This refers to the act of betting on team or individual sports. It has been a common past time for Filipinos to bet on sports events
such as basketball, boxing and other similar sporting events.
 Arbitrage Betting.
Arbitrage is the practice of taking advantage of a price difference between two or more markets: striking a combination of
matching deals that capitalize upon the imbalance, the profit being the difference between the market prices. In the bettors'
slang an arbitrage is often referred to as an arb; people who use arbitrage are called arbers. A typical arb is around 2 percent,
often less; however 4-5 percent is Occasionally seen and during some special events they might reach 20 percent. Arbitrage
betting involves relatively large sums of money (stakes are bigger than in normal betting), due to large sums of money required
to generate a decent profit. It is usually detected faster by bookmakers. Arbitrage betting is almost always insufficiently
profitable due to detection, hackers, unreliable betting websites, limiting of stakes, and the use of high percentage arb's to con
arbitrage bettors into giving security details.
BOOKMAKING
Bookmakers "book" bets on two types of events - horse and sometimes dog races and sporting events such as football,
basketball, and boxing. Today most bets are placed by telephone directly or through a roving "handbook", "runner", or "sheet
writer" who transmits the bet to the bookmaker. Some bookmakers return the call from a variety of locations and the bet is
placed. Bets are written down and may be tape recorded by a machine attached to the phone. The bookmakers usually employ
clerks and handbooks, runners and sheet writers. The clerks handle the telephone record the bets and figure out the daily
finances. The runners receive a portion of the winnings, usually half and they must also share in the losses.
 ORGANIZED CRIME AND BOOKMAKING
In an earlier period, bookmaking was an important source of income for organizes crime. Organized crime units ran the
operation directly of licensed syndicate bookmakers. However, most illegal wagering today involves, sports, rather than horse
racing and bets are made by telephone. Payoff is made the day after the event, so the prompt results provided by the wire
service are no longer relevant. Bookmakers frequently find their bets sufficiently unbalanced to require that they be played off
bookmaking involve many transactions and generates great deals of paperwork. The wagers are recorded when received, and
clerks have to review their receipts to determine winners and losers.
Gambling is often associated with crime. The relationship is easy to understand. Many types of gambling have been, indeed
still are, illegal. Hence, by definition, criminals were the only operators of games. When gambling restrictions were relaxed,
criminal were the first to open up legal gambling establishments.
During the 1950s, the Senate Committee to Investigate Organized Crime in Interstate Commerce held a number of hearings
on criminal influence in the casino industry. The committee was chaired by Senator Estes Kefauver, and the committee is also
known by his name. The committee found widespread evidence of skimming, which sheltered gambling profits from taxes.
The prevalence of crime left gaming once again on the verge of a national prohibition. The result of the committee's findings
was a crackdown on criminal influence and a cleansing of the casino industry. Eventually, the mob their casino interests to
lawful individuals and publicly-traded companies. Gambling operations, including card rooms, earn large amounts of cash
present particular opportunities for skimming and money laundering. Dealers don't have to continually inventory their chips
and money while they are working, providing opportunities for fraud. In addition, cheats are drawn to casinos and cardrooms
because of the large amount of money generated by the facilities Dealer skimming of chips by palming or collusion is
probably the greatest risk. Clubs allow employees to gamble when they aren't working, a situation that can lead to collusion.
Other risks include credit abuse, card cheaters, and currency transaction violations. Because of these factors, proper
operations and security are very important (Kefauver Committee Report, 1950).
 WHY DO PEOPLE GAMBLE?
There is a debate over whether the motivation to gamble is positive or negative. A common view is that gambling is negative.
In particular, this view is common among religious groups. Others argue that the motivation is positive, that people enjoy
gambling and it is usually a harmless diversion. Because people enjoy it they continue to gamble in spite of losing.
Any discussion of the motivation of gambling usually starts with the natural comparison hole to life. Life is a gamble. Every
day, people are faced with situations which involve risk and chance. Gambling activities are extensions of the risk and chance
in life. The activity of gambling becomes play, it becomes a game. Gambling allows the person the choice of engaging in the
activity, the amount of risk and, in many cases, the stakes. The stakes are a necessary element for many people. It turns the bet
into not just an opinion but a commitment.
The concept of gambling mimicking the risk and chance of life has a parallel in the history section of this report. As noted in
that portion, gambling was a popular activity during the gold mining era. Mining was a high-risk enterprise that required
constant gambles by the participants. Considering that the people who accepted risk were drawn to mining, it is not surprising
that gambling would è a popular leisure activity. In a survey in Washington, those sampled reported that they gambled money,
or they were looking for excitement and a challenge. Modern theories of gambling motivation are quite a change from some
earlier theories. Early social scientists theorized that gambling was a way to deal with the pressures of industrialization. Karl
Marx grouped it with religion as an opiate for the masses. Psychoanalysts had a different view. Sigmund Freud analyzed
Fyodor Dostoyevsky's heavy gambling and diagnosed him as punishing himself for his oedipal urges.
Different groups are more inclined to gamble than others. A review of several studies on demographic factors which relate to
gambling behavior helps answer the question which who gambles the most. The following represents a synopsis of some of the
research findings:
• Gender. Men and women tend to have different preferences in their gambling. Men are more likely to gamble in games such as
blackjack and lotteries and women are more likely to engage in bingo and raffles.
• Age. There is a negative relationship between the two. That is, the older one becomes, the less likely she or he is to gamble.
• Social Class. There have been mixed results, with gambling behavior found to berelated to social class in some studies and not
related in others. Marital Status. Single, divorced, and separated people were found to be more likely to gamble than married
people.
• Community Size. Studies have found community size to be positively related to gambling propensity, meaning that residents of
big cities gamble more.
• Religion. Catholics were found to be more likely to gamble than Protestants and other religious groups. Catholics were also
found to be less likely to disapprove of gambling than other religious groups.

GAMBLING IN THE PHILIPPINE MILIEU

The Spaniards introduced many forms of gambling in the Philippines such as lottery, cockfighting, jueteng or masiao, this is
traced back from the time of Jose Rizal who even won in a lottery. The Philippine government had taken many initiatives and
effort with the aim to stamp out gambling in the country but it has been futile.
Gambling is not crime mala in se or inherently evil acts it is considered mala prohibita or those which are outlawed since there is a
public demand over its criminalization. The Philippine State intends to provide as policy is to avoid the greater evils of excessive
gambling where people rely on instant money instead of thrift, hard work and perseverance. Gambling however, has become a
habit for Filipinos: a favorite for the masses are jueteng, masiao, swertres and lottery.
1. Jueteng. A numbers game that involves the combination of thirty seven (37) numbers starting from one (1) to thirty seven (37), a
bettor may choose a combination and place his bets to a collector the bet is placed and accepted similar to a local lottery. For
instance, the bet can be 8: 24 or 12: 14. The cobradors or cabo usually knock to houses of the bettor. Some of the cobrador have stalls
in streets.
Jueteng was brought to notoriety in 2000 during the impeachment proceedings of deposed Philippine President Joseph Estrada, who
was eventually found guilty of plunder on 12 September 2007 after receiving millions in illegal payoffs, including from gambling
profits. Another political scandal erupted in June 2005 involving allegations that relatives of Gloria Macapagal-Arroyo received
payouts from jueteng operators.
In 2010, some politicians, such as the now Senate President Juan Ponce Enrile and Senator Jinggoy Estrada however, proposed that
the jueteng must be legalized and taxed so that its profits will go to the government. The newly-installed administration of President
Benigno S. Aquino III rejected the proposal to legalize jueteng and instead, he directed the Department of Interior and Local
Government and the Philippine National Police to formulate a comprehensive plan to combat and to end the operations of jueteng in
the Philippines.
2. Numbers Game. Any form of gambling activity which uses any number or combinations thereof as factors in giving out jackpots.
3. Masiao. A numbers game where the winning combination is derived from the result of the last game of Jai Alai or nay result
thereof based on any Jai- lai game consisting of ten (10) players pitted against one another.
4.Lotteries/Numbers. Policy is based on drawing numbers from 1 to 78 by spinning a f Scienc wheel. Bets are typically small but
when a policy operation is controlled baco syndicate the total profits can be quite large. In numbers, a player select one, two or three
digits from 0 to 9 with the odds of winning running from 10 to 1. For single digit play, the payoff is 6 or 7 to 1. For two digits, the
payoff is between 530 to 600 to 1. A player can also "box "numbers between all the possible three digit combinations. The structure
of the illegal lottery requires a great deal of coordination and is labor intensive. It is essential that wagers reach trusted hands before
the winning numbers or any part of it is known.
When a scheme or arrangement is considered gambling? A scheme is considered a lottery or
gambling if:
(1) the public pays more than the price of the article because the excess is used to defray or cover the cost of the prize or
(2) the article is not saleable without the prize and it becomes saleable only because of the prize.
A form of gambling whereby prizes are distributed among persons who have paid, or agreed to pay, a valuable consideration
for the chance to obtain a prize. It requires
(i) a consideration
(ii) chance or hazard and
(iii) prize. Examples are raffle games.
When do we consider promo sales or advertising schemes lottery/gambling?
(This refers to the practice of advertising goods for sale offering the purchasers a chance to win a prize by giving them coupons to be
drawn later
The scheme is considered a lottery or gambling if:
(1) the public pays more than the price of the article because the excess is used to defray or cover the cost of the prize or
(2) the article is not saleable without the prize and it becomes saleable only because of the prize.
5. Swertres. A lottery game introduced by the Philippine Charity Sweepstakes Office (PCSO) involving three digit combination which
has midday, afternoon, and evening draws.
6. First Two/ Last Two. A numbers game where the winning combination is derived from the first or last two (2) numbers of the lotto
results or the first prize of the winning Sweepstakes ticket from the PCSO draw.
 LEGAL ACTIONS AGAINST GAMBLING
The Philippine Government has never lacked in the creation of Philippine Gambling Laws particularly Articles 195-199, the
Revised Penal Code, Republic Act No. 3063 (Horse Racing Bookies), Presidential Decree No. 449 (Cockfighting), Presidential
Decree No. 483, (Game Fixing), Presidential Decree No., 519 (Slot Machines) and Presidential Decree No. 1036 (Jai-alai
Bookies). The above enumerated acts are amended by Presidential Decree No. 1602 or the Simplifying and Providing Stiffer
Penalties for Violations of by Gambling Laws.
Presidential Decree No. 483/ Penalizing betting, game-fixing or point shaving and
machinations in sports contests
This is a law which aims to protect one youth and sports programs and the morality of our society, especially the youth, from the
eroding influence of unscrupulous persons who, through fraudulent schemes of game-fixing or point-shaving and other
machinations, have made basketball and other sports contests, games and races their media of subverting the aims and goals of
true Philippine sportsmanship.
What is gaming fixing?
Game-fixing any arrangement, combination, scheme or agreement by which the result of any game, races or sports contests shall
be predicted and/or known other than on the basis of the honest playing skill or ability of the players or participants.
Point-shaving any such arrangement, combination, scheme or agreement by which the skill or ability of any player or participant
in a game, races or sports contests to make utogy points or scores shall be limited deliberately in order to influence the result
thereof in favor of one or other team, player or participant therein.
What are game machinations?
Game-machinations are any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the
purpose of influencing the result of any game, races or sport contest.
Presidential Decree no. 449/ Cockfighting Law of 1974
Cockfighting is a popular, traditional and customary form of recreation and entertainment among Filipinos during legal holidays,
local fiestas, agricultural, commercial and industrial fairs, carnivals or expositions. By reason of the a fore stated meaning and of
cockfighting in relation to Filipino customs and traditions, it should neither be exploited as an object of commercialism or
business enterprise, made a tool of uncontrolled gambling, but more as a vehicle for the Preservation and perpetuation of native
Filipino heritage.
Important Terms and Provision
1. Cockfighting shall embrace and mean the commonly know game or term "cockfighting derby, pintakasi or tupada", or its
equivalent terms in different Philippine localities.
2. Zoning Law or Ordinance Either both national or local city or municipal legislation which logically arranges, prescribes,
defines and apportions a given political subdivision into specific land uses as present and future projection of needs warrant.
3. Bet Taker of Promoter is person who calls and takes care of bets from owners of both gamecocks and those of other bettors
before he orders commencement of the cockfight and thereafter distributes won bets to the winners after deducting a certain
commission.
4. Gaffer (Taga Tari) is a person knowledgeable in the art of arming fighting cocks with gaff or gaffs on either or both legs.
5. Referee (Sentenciador) is a person who watches and oversees the proper gaffing of fighting cocks, determines the physical
condition of fighting cocks while cockfighting is in progress, the injuries sustained by the cocks and their capability to continue
fighting and decides and make known his decision by work or gestures and result of the cockfight by announcing the winner or
declaring a tie or no contest game.
6. Bettor is a person who participates in cockfights and with the use of money or other things of value, bets with other
bettors or through the bet taker or promoter and wins or loses his bet depending upon the result of the cockfight as
announced by the
7. Referee or Sentenciador. He may be the owner of fighting cock.

What are the rules for the use of Cockpits and cockfighting
Cockpits shall be constructed and operated within the appropriate areas as prescribed in Zoning Law or Ordinance. In the
absence of such law or ordinance, the local executives shall see to it that no cockpits are constructed within or near existing
residential or commercial areas, hospitals, school buildings, churches or other public buildings. Approval or issuance of building
permits for the construction of cockpits shall be made by the city or provincial engineer in accordance with their respective
building codes, ordinances engineering laws and practices.

Would there be Cockfighting for Entertainment of Tourists or for Charitable Purposes?

Yes, the Chief of the Philippine National Police or his authorized representative may also allow the holding of cockfighting for
the entertainment of foreign dignitaries or for tourists, or for returning Filipinos, commonly known as "Balikbayan", or for the
support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President, upon
resolution of a provincial board, city or municipal council, in licensed cockpits or in playgrounds or parks: Provided, that this
privilege shall be extended for only one time, for a period not exceeding three days, municipality.
Can a person organize a cockfight in his backyard or at the premises of his real property?
No, gambling should be held in a registered cockpit.

Can there be other forms of gambling in a cockpit aside from cockfighting?

No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights. The owner,
manager or lessee off such cockpit shall be held liable in the event that such violation occur.

Where should cockpits operate?

Owners, lessees and operators of cockpits shall operate their cockpits away from residential or commercial areas, hospitals, school
buildings, churches or other public places (P.D 1140, amending the Cockfighting Law).
Who are the persons liable for cockfighting?
When the offender is the financer, owner, manger or operator of cockpit, or the gaffer, referee or bet taker in cockfights; or the offender
is guilty of allowing, promoting or participating in any other kind of gambling in the premises of cockfights during cockfights.

PRESIDENTIAL DECREE NO. 1602 OR THE SIMPLIFYING AND PROVIDING

STIFFER PENALTIES FOR VIOLATIONS OF GAMBLING LAWS
The law on gambling exemplifies the adage that what is legal is not necessarily moral. Although gambling is under the title Crimes
Against Morals, the law on gambling does not take morality into consideration. It does not punish gambling per se because they
adversely affect public morals, but that it punishes are gambling games which are not covered by a franchise or permit from the
government. Science an
Who are the persons who are liable and what are gambling activities covered? Any person
who shall directly or indirectly take part in or games of:
a. cockfighting, jueteng, jai alai or horse to include bookie operations and game fixing, numbers, bingo and other forms of
lotteries;
b. cara y cruz, pompiang and the like;
c. 7-11 and any game using dice;
d. black jack, lucky nine, poker and its derivatives, monte, baccarat pangquinque and other card games:
e. pak que, high and low, mahjong, domino and other games using plastic tiles and the likes; slot machines, roulette, pinball and
other mechanical contraption and devices;
f. 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; and
g. 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.
Can an owner of place used for gambling purposes be held liable under the law?
Yes. Any person who shall permit any form of gambling to be carried on in inhabited or uninhabited place or in any building,
vessel or other means of transportation owned or controlled by him.
Additionally, 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.
.
Are promoters, referees, judges or conductors of illegal gambling liable under the law?
Yes. The maintainer or conductor of the above gambling schemes is also liable. 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

X, a jueteng aficionado borrowed the list of winnings numbers and lottery list from Y. He
was accosted by police when noticed having in his possession the list. Is he liable under the
law?
Yes. 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.

B the duly elected Punong Barangay is made aware that there is a "peryahan" in his
jurisdiction and gambling activities had been rampant in the said area. He mentioned that it
is nonetheless temporary so there is no need for concern. Is he liable for violating P.D. 1602?
Yes, he is liable under P.D. 1602. The law mentions that 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.
PPP is a security guard assigned at Villa Belen Subdivision. He was assigned to
guard and protect Villa B, C, and D which are known gambling dens. Is he
violating serves as watchman on the said Villas? 61602 if he
Yes. 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.

Is there a provision on informers reward?

There is a provision for such, in fact, any person who shall disclose information that will lead to the arrest and
final conviction of the malefactor shall be rewarded twenty percent of the cash money or articles of value
confiscated or forfeited in favor of the government.
THANK YOU
GROUP 3

KEITH ANDREWS P. PON-AN

ALAIZAH CRUZ
CHARMAINE KAYE FERNANDEZ
NELBA MONTEPIO
EDDIE LIZA PEREZ
 QUESTION NO.1

A review of several studies on demographic

factors which relate to gambling behavior
helps answer the question of who gambles
the most. The following represents a
synopsis of some of the research findings
Such as:

1. Gender

2. Age

3. Social class

4. Marital S tatus

5. Community Size

6. religion
QUESTION N0. 2

The Spaniards introduced many forms of gambling in the

Philippines such as _____ _____ _____or_____

lottery, cockfighting, jueteng or masiao,