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Governing Law on Gambling

PD 1602 as amended by RA 9287


Section 1 of PD 1602 Defines gambling as:
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;
------------------------------------------------------------------------------------------------Meaning and coverage of gambling:

1. 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.
***

wagers

is

more

commonly

known

as

bet

2. It is the fact that bets are made which makes the game 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.
3. However parlor games are exempted such as those during wakes, unless it

clearly appears that the wake is unnecessarily prolonged as to be a cover


excuse to conduct illegal gambling.
-------------------------------------------------------------------------------------------------

Question:
When are promo sales or advertising schemes considered 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)
Answer: 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.
------------------------------------------------------------------------------------------------What is the concept of a lottery?
The term lottery extends to all schemes for the distribution of prizes by
chance, such as policy playing, gift exhibition, prize concerts, raffles at fairs,
etc. and various forms of gambling.
What are the three essential elements of lottery?
Consideration, prizes and chance.
There is consideration of price aid if it appears that the prizes offered by
whatever name they may be called came out of the fund raised by the sale of
chances among the participants in order to win the prizes.
Are all prizes equivalent to a lottery?
If the prizes do not come out of the fund or contributions by the participants,
no consideration has been paid and consequent, there is no lottery. Ex: A

company, to promote the sale of certain products, resorts to a scheme which


envisions the giving away for free of certain prizes for the purchase of said
products, for the participants are not required to pay more than the usual price
of the products.
------------------------------------------------------------------------------------------------Conclusion : Baka hindi nga pasok sa definition ng gambling yung ginagawa ng
VUEWIN since there is no bet involved.

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