ORDINANCE NO: 2024-564 (Authored by Hon. Ann Marjorie N. Revelo-Cerro) "AN ORDINANCE ESTABLISHING THE CITY ANTI-ILLEGAL GAMBLING TASK FORCE THEREBY REGULATING ALL FORMS OF ILLEGAL GAMBLING, PRESCRIBING MEASURES, PROHIBITED ACTS AND PENALTIES FOR ITS EFFECTIVE IMPLEMENTATION, PROVIDING FUNDS THEREFOR, AND FOR OTHER RELATED PURPOSES" WHEREAS, illegal gambling practices are stated in Articles 195 to 199 of the Revised Penal Code and other 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1602 (Prescribing Stiffer Penalties on Illegal Gambling which modified Article 195 to 199 of the Revised Penal Code and repealed inconsistent provisions) and Republic Act 9827 (Increasing the Penalties for Illegal Numbers Games, Amending Certain Provisions of Presidential Decree No. 1602, and For Other Purposes); WHEREAS, as provided in Section 16 of the Local Government Code of the Philippines (Republic Act No. 7160), every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. WHEREAS, in order to stop illegal gambling practices in the community and to ensure the general welfare of its residents, there is thus a need for regulating all forms of illegal gambling, imposing charges on such acts and establishment of a City Anti-Illegal Gambling Task Force are provided in this Ordinance; BE IT ENACTED BY THE 14TH CITY COUNCIL OF PAGADIAN IN SESSION ASSEMBLED, THAT: ARTICLE I PRELIMINARY PROVISIONS SECTION 1. TITLE OF THE ORDINANCE. - This Ordinance shall be known as the "Anti-Illegal Gambling Task Force Ordinance of Pagadian City". SECTION 2. OBJECTIVES. - The objectives of this Ordinance are as follows: To regulate illegal gambling practices and business for the general welfare of the people of Pagadian City; To prevent gambling from becoming a source of crimes and disorders in the community; To protect minors from illegal gambling and to avoid them from being associated, harmed or exploited from such activities; To prevent illegal gambling practices and businesses from affecting relationships in the community; and to help maintain and stabilize such relationships; To promote and maintain peace and security in the City; and To promote and secure the character and morals of the people of Pagadian City. SECTION 3. DEFINITIONS OF TERMS. - When used in this Ordinance, the following terms shall mean as follows: Illegal - refers to anything contrary to law. Gambling - refers to a series of activities of gambling and betting. Practices - refer to any activities related to gambling. Minor - refers to persons below eighteen (18) years of age and are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. Business establishments - refer to places where business is conducted, goods are made or stored or processed or where services are rendered. Bingo - refers to a lottery game where a card with grids is being used on which five numbers that are covered in a row in any direction constitute a win. Lottery - refers to a game whose outcome is determined by chance. Cockfighting - refers to a contest in which gamecocks usually fitted with metal spurs are pitted against each other. 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. Lucky nine - refers to a card game with an object of reaching a count of nine. Poker - refers to a card game in which players bet on the value of their cards. Monte - refers to a card game in which players select any two of four cards turned face up in a layout and bet that one of them will be matched before the other as cards are dealt one at a time from the pack. 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 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. Illegal numbers games - any form of illegal gambling activity which uses numbers or combination thereof as factors in giving out jackpots, whether or not the results are derived from the draws 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 of pieces. Domino - refers to a game played with rectangular tiles. Slot machine - refers to a gaming machine that generates random combinations of symbols on a dial, certain combinations winning varying amounts of money for the player. Pinball - 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 practice in which bets are laid against the gambling house or banking game. Articles of value - refers to anything that has material value (e.g. land, house, jewelries) Collector or agent - refers to any person who collects, solicits or produces bets in behalf of his/her principal for any illegal numbers game who is usually in possession of gambling paraphernalia. Coordinator, controller or supervisor - refers to any person who exercises control and supervision over the collector or agent. Maintainer, manager or operator - refers to any person who maintains, manages or operates any illegal number game in a specific area from whom the coordinator, controller or supervisor, and collector of agent take orders. Financier or capitalist - refers to any person who finances the operations of any illegal numbers game. Protector or coddler - refers to any person who lends or provides protection, or receives benefits in any manner in the operation of any illegal numbers game. Illegal Drag Race - refers to a contest through motorbikes, or any motorized-vehicles as a subject for gambling or betting colloquially referred as "pusta". ARTICLE II SCOPE AND COVERAGE This Ordinance shall apply to all persons residing in Pagadian City, including all tourists or visitors, all business establishments, whether big or small, within the jurisdiction of the City. ARTICLE III SOURCE OF FUND The funding requirements needed for this Ordinance shall be provided for through an Appropriation Ordinance. Fines that will be collected from violations of this Ordinance shall be added to the fund. ARTICLE IV IMPLEMENTING AGENCY AND PERSONNEL SECTION 1. CREATION OF THE ANTI-ILLEGAL GAMBLING TASK FORCE. - A functional City Anti-Illegal 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 Pagadian City. The City Mayor shall call a meeting to be attended by the relevant agencies and offices concerned for the establishment of this Task Force. SECTION 2. COMPOSITION. - The Task Force shall be composed of the following: Chairman : City Mayor; Vice-Chairman : Chief of Police - Pagadian City; Regular Members : City Vice Mayor; : Chairperson, Committee on Police, Fire & Public Safety; : Chairperson, Committee on Games, Amusements & Sports; : President of the Liga ng mga Barangay; : City Social Welfare and Development Officer : City Information Officer; : City Treasurer; : NGO Representative to the City Peace and Order Council; Appointed Members : Other Task Force Members appointed shall have an allocation of one member per barangay. PROVIDED, that the non-regular Task Force Members shall be appointed by the City Mayor. SECTION 3. FUNCTIONS. - The Anti-Illegal Gambling Task Force shall have the authority to implement this Ordinance and shall exercise any and all of the following specific powers and functions: To implement and enforce the rules and regulations of this Ordinance. To investigate illegal gambling cases; and 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: 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, functions and responsibilities of the task force; 2. Direct all operations of the task force; 3. Serve as the overall coordinator among all individuals involved in the implementation of this Ordinance; 4. Establish procedures for the effective operation of the task force; 5. Preside during meetings; 6. Encourage the officials of the respective barangays to assist in the implementation this Ordinance and to report violations thereof. The Vice Chairman shall: Assist the Chairman in the supervision of the activities of the Task Force; Take in the responsibilities and functions of the Chairman during his or her absences; and Render police support in the implementation and enforcement of the Ordinance. The Vice Chairman shall also participate in the identification of the person/s or business establishment/s, or institution/s involved in the offense and production of the pieces of evidence. Be the head of the Apprehending Officer/s responsible for the apprehension and investigation of the violators of this Ordinance. The Members shall: Assist the Chairman and the Vice Chairman; Perform all duties that shall be delegated to them. The City Social Welfare and Development Officer shall provide counselling for minors and their parents or guardians involved in illegal gambling violations or cases. The City Information Officer shall publicize activities related to the implementation and enforcement of this Ordinance and assist in promoting awareness of this Ordinance and in encouraging public support and participation in its implementation and enforcement. The City Treasurer along with the use of citation tickets, shall collect and receive fines paid by a violator and submit financial reports relating to the Task Force. The appointed members from the respective barangays shall help during inspection and assessments. They shall help in identifying the person/s or business establishment/s, or institution/s involved in the offense reported and in producing pieces of evidence. They shall also assist in public information and dissemination campaigns and promotions of awareness of this Ordinance and in encouraging public support and participation in its implementation and enforcement. SECTION 5. ENFORCEMENT. - The following activities shall be done for the implementation and enforcement of this Ordinance: Inspections and assessments - The personnel responsible for this function shall: inspect any premises monitor the activities of persons or residential areas examine machineries or equipment in the monitored premises take copies of any document or record of information needed from the premises remove and retain anything that he and she believes is violating the provisions of the Ordinance question any person in the area Identifications of the person or business establishment that violated the Ordinance - The personnel responsible for this function shall: monitor the activities of a person, establishment or an institution take copies of any document or record of information needed question any persons concerned or related to the person, establishment or institution collect intelligence information on the background of the person, establishment or institution Production of pieces of evidence and document regarding to the identity of the person, establishment or institution related to the offense reported Information dissemination - The personnel responsible for this function shall: develop and produce information, education and communication materials on the harmful effects of illegal gambling as well as on the provisions of this Ordinance; conduct public information and dissemination campaign every four months in schools and barangays; Put up posters and tarpaulins providing information about the Ordinance in conspicuous places within the City to notify the public of the restrictions and sanctions imposed. ARTICLE V PENAL PROVISIONS SECTION 1. PROHIBITED ACTS. - The following are the prohibited acts of this Ordinance: 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 numbers games; 7-11 and other dice games; lucky nine, poker, monte, and other card games; paik que, high and low, mahjong, domino and other games using plastic tiles; slot machines, pinball and other mechanical contraptions and devices; basketball, volleyball, illegal drag racing, 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 are at stake or made; 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; Acting as the maintainer or conductor of illegal gambling activities referred to in subparagraph (a); Providing or producing facilities or equipment for conducting any activities or practices of illegal gambling referred to in subparagraph (a); Inviting, committing or causing minors to gamble whether directly or indirectly on purpose; Inviting, committing or causing minors to enter a premise wherein illegal gambling activities as referred into subparagraph (a) are being carried; Inviting, committing or causing minors to be involved in the function of conducting any acts of gambling. PROVIDED, 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 Panlungsod of Pagadian. SECTION 2. FINES AND PENALTIES. - The following are the corresponding penalties to the prohibited acts enumerated in the preceding section: For every single and separate act of infraction, any person who violates any prohibited act under this Ordinance, upon conviction, shall be penalized as follows: 1st offense : 8 hours Community Service to their respective Barangay; 2nd Offense : P2,000.00 and 8 hours to their respective Barangay 3rd Offense : Upon conviction, shall be penalized by a fine of Five Thousand Pesos (P5,000.00) and 8 hours Community Service, or by imprisonment of one (1) year, or both such fine and imprisonment, at the discretion of the court. For every single and separate act of infraction, any parent, guardian or any adult person having the care and custody of the minor found or involved in any gambling activities or premise, upon conviction, shall be penalized as follows: 1st offense : 8 hours Community Service to their respective Barangay 2nd Offense : P2,000.00 and 8 hours to their respective Barangay 3rd Offense : Upon conviction, shall be penalized by a fine of FIVE THOUSAND PESOS (P5,000.00) and 8 hours Community Service, or by imprisonment of one (1) year, or both such fine and imprisonment, at the discretion of the court. For every single and separate act of infraction, owners, operators and/or employees of business establishments, upon conviction of Section 1 of this Ordinance, shall be penalized by a fine of five thousand pesos (P5,000.00), by imprisonment of one (1) year, by revocation of business clearance and permanent closure of business, or all of the aforementioned penalties, at the discretion of the court. SECTION 3. EXEMPTIONS. - This Ordinance shall not apply in the following circumstances: When any person participates in charity sweepstakes, lotteries and other activities regulated and controlled by government-authorized agencies such as Philippine Charity Sweepstakes Office (PCSO) and Philippine Amusement and Gaming Corporation (PAGCOR). When any person participates in gambling activities and operations duly-recognized and licensed by the government. ARTICLE VI UTILIZATION OF THE COLLECTED FINES Fifty percent (50%) of the collected fines shall be included in the fund of the appropriation on the next year and the remaining fifty percent (50%) shall use for the: production of necessary materials and equipment for the implementation, inspection, information dissemination and campaign of this Ordinance; and rewards for informants. ARTICLE VII MISCELLANEOUS PROVISIONS SECTION 1. SEPARABILITY CLAUSE. - If any part of this Ordinance is declared illegal or unconstitutional, other sections or provisions hereof which are not affected thereby shall continue to be in full force and effect. SECTION 2. REPEALING CLAUSE. - Any ordinance of Pagadian City or parts thereof, which are inconsistent with this Ordinance, are hereby repealed, amended or modified accordingly. SECTION 3. EFFECTIVITY CLAUSE. - This Ordinance shall take effect fifteen (15) days after its publication for at least three (3) consecutive weeks in a local newspaper of general circulation in the City of Pagadian. ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 67th Regular Session on 28 February 2024 at the SP Session Hall, 4th Floor, City Commercial Center, Barangay Santiago, Pagadian City.