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PNP laments Court of Appeals ruling on online gambling

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MANILA, Philippines—Is online gambling beyond the reach of the country’s antigambling laws?

The head of the police Criminal Investigation and Detection Group (CIDG) on Thursday decried a ruling by the Court of Appeals junking illegal gambling charges against the operators of an online or virtual casino inside the Clark Special Economic Zone because of the lack of clear laws on the matter.

In a statement, Director Samuel D. Pagdilao Jr. expressed fears this might jeopardize efforts by authorities to curb online gambling operations. He urged lawmakers to pass more laws against cybercrime.

In its decision, the court noted that there was nothing in Presidential Decree 1602, or the anti-illegal gambling law, that would indicate that internet gambling or running an online casino was among the illegal acts penalized by the law.

He said the decision had a “far-reaching negative effect on the overall effort of the CIDG and other law enforcement units against online gambling operations.


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Tags: antigambling laws , Court of Appeals , online gambling , Philippine National Police

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  • http://twitter.com/ThelmaMarisol Thelma Marisol

    Maybe, it’s about time we question the constitutionality of the Anti-Gambling law itself. Since this is clearly not an issue of “morals” because we hold it to be legal if it’s regulated by the government, this is more about preserving the government’s monopoly on “gambling” and not about public morals. The antiquated law can be challenged for violating the principles of liberty in the constitution, or in violation of free artistic and intellectual expression [since some people are interested in studying the dynamics of chance and probabilities], or in violatation of one’s privacy of communication and correspondence [if the game is being played privately in the privacy of one's home using one's unique I.P. address, as a net connection is technically a correspondence between two or more servers].

    What we fail to realize is that the constitution was created as a means to give people personal freedoms, and as long as your exercise of freedom does not encroach upon another’s, then it should be considered lawful. By gambling, each party voluntarily submits their wealth to a game of chance (yes, I know there is skill involved). The key word is “voluntarily”. If you want to gamble, and your neighbor or partner wants to gamble, why should any part of the government have a say?

    We have so many laws that violate the spirit of our constitution and favor only certain interests while the country continues to descend into poverty, squalor, crime and ineptitude. We better question each, review their past effects on society and if possible repeal or revise most, relative to the constitution and relative to what would make life better or progressive for everyone.

  • Anonymous

    Sa court of Appeals pa ! PNP wala naman kayong perang pansuhol ng kaso nyo eh ! May nanalo ba dyan ng walang pera sa Court of Appeals ?

  • http://pulse.yahoo.com/_5OC4T6FDZYN5RCVEAFH2YBMNSM Don

    Just block the IPs at the Gateways.

  • Nic Legaspi

    I think the judge can issue a judgement based on his interpretation of the law. Online gambling is still gambling, after all, and we have laws on that. But anyway, if a law is indeed needed to go after online gambling operators, then the CIDG is out of luck… The three branches of government is too busy going after each other.

  • Anonymous

    Panahon pa pala ng diktador ang batas, syempre wala pa internet noon. Ang bobski naman na judge.

    Pero kung gusto talaga ipatigil ang sugal, nandoon sa batas ang ipinagbabawal. Nandoon sa batas ang “and other card games.” Kahit nasa screen lang ang mga baraha, card game pa rin iyon:

    “(a) The penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from five thousand to ten thousand pesos shall be
    imposed upon:”

    “1. 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…black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pangguingue AND OTHER CARD GAMES…”

    • http://twitter.com/ThelmaMarisol Thelma Marisol

      Should we make Facebook’s Zynga poker illegal and criminalize everyone who plays the same?

      • Anonymous

        I haven’t played that, but if involves real money, then it should be banned.

      • http://twitter.com/ThelmaMarisol Thelma Marisol

        The law does not limit it to “money.” Both Art.
        195 of the Revised Penal Code and PRESIDENTIAL
        DECREE NO. 1602 say:

        “…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” [Art.
        195]
        “…wherein wagers consisting of money, articles of value of
        representative
        of value are made [PD NO. 1602]

      • Anonymous

        Thank you. Good points.



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