Article 195Act No. 3815, Sec./Art. 195

What acts are punishable in gambling.-The penalty of arresto menor or a fine not exceeding 200 pesos, and, in case of recidivism, the penalty of arresto mayor or a fine ranging from 200 to 6,000 pesos, shall be imposed upon:

1. Any person who, in any manner, shall directly or indirectly take part in any game of monte, jueteng or any other form of lottery, policy, banking or percentage game, dog races or any other game or scheme the result of which depends wholly or chiefly upon chance or hazard; or wherein wagers consisting of money, articles of value or representative of value are made; or in the exploitation or use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any object or representative of value.

2. Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be carried on in any inhabited or uninhabited place or any building, vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has the reputation of a gambling' place or that prohibited gambling is frequently carried on therein, the culprit shall be punished by the penalty provided for in this article in its maximum period.

3. Any person who shall, knowingly and without lawful purpose, have in his possession any lottery list, paper or other matter containing letters, figures, signs or symbols which pertain to or are in any manner used in the game of jueteng or any similar game which has taken place or is about to take place.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

receipt

of

further

commercial

electronic

messages

(opt-out) from the same source;

(bb) The commercial electronic communication does not

purposely disguise the source of the electronic message;

and

(cc) The commercial electronic communication does not

purposely include misleading information in any part of

the message in order to induce the recipients to read the

message.

(4) Libel.

— The unlawful or prohibited acts of libel as

11

defined in Article 355 of the Revised Penal Code, as

amended, committed through a computer system or any

other similar means which may be devised in the future.

Section 5. Other Offenses.

— The following acts shall

12

also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. –

Any person who willfully abets or aids in the commission

of any of the offenses enumerated in this Act shall be held

liable.

(b) Attempt in the Commission of Cybercrime. — Any

person who willfully attempts to commit any of the

offenses enumerated in this Act shall be held liable.

Section 6. All crimes defined and penalized by the

Revised Penal Code, as amended, and special laws, if

committed by, through and with the use of information

and communications technologies shall be covered by

the relevant provisions of this Act: Provided, That the

penalty to be imposed shall be one (1) degree higher than

that provided for by the Revised Penal Code, as amended,

and special laws, as the case may be.

Section 7. Liability under Other Laws. — A prosecution

under this Act shall be without prejudice to any liability

for violation of any provision of the Revised Penal Code, as

amended, or special laws.

CHAPTER III PENALTIES

Section 8. Penalties. — Any person found guilty of any of

the punishable acts enumerated in Sections 4(a) and 4(b)

of this Act shall be punished with imprisonment of prision

mayor or a fine of at least Two hundred thousand pesos

(PhP200,000.00)

up

to

a

maximum

amount

commensurate to the damage incurred or both.

Any person found guilty of the punishable act under

Section 4(a)(5) shall be punished with imprisonment of

prision mayor or a fine of not more than Five hundred

thousand pesos (PhP500,000.00) or both.

If punishable acts in Section 4(a) are committed against

critical infrastructure, the penalty of reclusion temporal

or

a fine of at least Five hundred thousand pesos

(PhP500,000.00)

up

to

maximum

amount

commensurate to the damage incurred or both, shall be

imposed.

Any person found guilty of any of the punishable acts

enumerated

in

Section

4(c)(1)

of

this

Act

shall

be

punished with imprisonment of prision mayor or a fine of

at least Two hundred thousand pesos (PhP200,000.00)

but not exceeding One million pesos (PhPl,000,000.00) or

both.

Any person found guilty of any of the punishable acts

enumerated

in

Section

4(c)(2)

of

this

Act

shall

be

punished with the penalties as enumerated in Republic

Act No. 9775 or the "Anti-Child Pornography Act of 2009″:

Provided, That the penalty to be imposed shall be one (1)

11 Supra. Section 4(c)(4) that penalizes online libel as VALID and

CONSTITUTIONAL with respect to the original author of the

post; but VOID and UNCONSTITUTIONAL with respect to

others who simply receive the post and react to it; and

12 Supra. Section 5 that penalizes aiding or abetting and attempt

in the commission of cybercrimes as VALID and

CONSTITUTIONAL only in relation to Section 4(a)(1) on

Illegal Access, Section 4(a)(2) on Illegal Interception, Section

4(a)(3) on Data Interference, Section 4(a)(4) on System

degree higher than that provided for in Republic Act No.

9775, if committed through a computer system.

Any person found guilty of any of the punishable acts

enumerated in Section 4(c)(3) shall be punished with

imprisonment of arresto mayor or a fine of at least Fifty

thousand pesos (PhP50,000.00) but not exceeding Two

hundred fifty thousand pesos (PhP250,000.00) or both.

Any person found guilty of any of the punishable acts

enumerated

in

Section

5

shall

be

punished

with

imprisonment one (1) degree lower than that of the

prescribed penalty for the offense or a fine of at least One

hundred

thousand

pesos

(PhPl00,000.00)

but

not

exceeding Five hundred thousand pesos (PhP500,000.00)

or both.

Section

9.

Corporate

Liability. — When any of the

punishable acts herein defined are knowingly committed

on behalf of or for the benefit of a juridical person, by a

natural person acting either individually or as part of an

organ of the juridical person, who has a leading position

within, based on: (a) a power of representation of the

juridical person provided the act committed falls within

the scope of such authority; (b) an authority to take

decisions on behalf of the juridical person: Provided, That

the

act

committed

falls

within

the

scope

of

such

authority; or (c) an authority to exercise control within the

juridical person, the juridical person shall be held liable for

a fine equivalent to at least double the fines imposable in

Section

7

up

to

a

maximum of Ten million pesos

(PhP10,000,000.00).

If the commission of any of the punishable acts herein

defined was made possible due to the lack of supervision

or control by a natural person referred to and described in

the preceding paragraph, for the benefit of that juridical

person by a natural person acting under its authority, the

juridical person shall be held liable for a fine equivalent to

at least double the fines imposable in Section 7 up to a

maximum of Five million pesos (PhP5,000,000.00).

The liability imposed on the juridical person shall be

without prejudice to the criminal liability of the natural

person who has committed the offense.

CHAPTER IV ENFORCEMENT AND

IMPLEMENTATION

Section 10. Law Enforcement Authorities. — The National

Bureau of Investigation (NBI) and the Philippine National

Police (PNP) shall be responsible for the efficient and

effective law enforcement of the provisions of this Act.

The NBI and the PNP shall organize a cybercrime unit or

center manned by special investigators to exclusively

handle cases involving violations of this Act.

Section 11. Duties of Law Enforcement Authorities. — To

ensure that the technical nature of cybercrime and its

prevention is given focus and considering the procedures

involved for international cooperation, law enforcement

authorities specifically the computer or technology crime

divisions or units responsible for the investigation of

cybercrimes are required to submit timely and regular

reports

including

pre-operation,

post-operation

and

investigation results and such other documents as may

be required to the Department of Justice (DOJ) for review

and monitoring.

Section 12. Real-Time Collection of Traffic Data.

— Law

13

enforcement

authorities,

with

due

cause,

shall

be

authorized to collect or record by technical or electronic

means traffic data in real-time associated with specified

communications transmitted by means of a computer

system.

Traffic data refer only to the communication’s origin,

destination, route, time, date, size, duration, or type of

underlying service, but not content, nor identities.

All other data to be collected or seized or disclosed will

require a court warrant.

13 Supra. Unconstitutional.

© Compiled By RGL

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