0% found this document useful (0 votes)
34 views6 pages

ART-181

The document outlines various laws regarding false testimony and illegal gambling, detailing penalties for giving false testimony in criminal and civil cases, as well as the implications of perjury. It also specifies the penalties for participating in illegal gambling activities, including cockfighting and other unauthorized games, with varying degrees of punishment based on the level of involvement. Additionally, it includes definitions and conditions under which cockfighting is permitted, emphasizing the legal framework surrounding these issues.

Uploaded by

2021100474bp
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
34 views6 pages

ART-181

The document outlines various laws regarding false testimony and illegal gambling, detailing penalties for giving false testimony in criminal and civil cases, as well as the implications of perjury. It also specifies the penalties for participating in illegal gambling activities, including cockfighting and other unauthorized games, with varying degrees of punishment based on the level of involvement. Additionally, it includes definitions and conditions under which cockfighting is permitted, emphasizing the legal framework surrounding these issues.

Uploaded by

2021100474bp
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 6

Art 181. False testimony favorable to the defendant.

False testimony favorable to the defendant.- Any person who shall give false testimony in favor of the
defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prison
correccional in its maximum period and a fine not to exceed 1,000 pesos, if the prosecution is for a felony
punishable by an afflictive penalty, and the penalty of arresto mayor in any other case.

False testimony favorable to the defendant is equally repugnant to the orderly administration of justice.

While false testimony in favor of an accused may be less obnoxious than false testimony against him, both
forms of false testimony are equally repugnant to the orderly administration of justice, and deserve to be
rigorously repressed.

Reason for punishing the crime of false testimony.

False testimony is punished not because of the effect it actually produces, but because of its tendency to
favor or to prejudice the defendant.

False testimony by negative statement is in favor of defendant.

A witness who falsely testified that he neither saw nor was present at the killing of the deceased, is guilty of
false testimony because by not testifying for the prosecution, he favored the accused.

The false testimony in favor of defendant need not directly influence the decision of acquittal.

Art 182. False testimony in civil cases.

Elements:

1. That the testimony must be given in a civil case.

2. That the testimony must relate to the issues presented in said case.

3. That the testimony must be false.

4. That the false testimony must be given by the defendant knowing the same to be false.

5. That the testimony must be malicious and given with an intent to affect the issues presented in said case.

Art 183. False testimony in other cases and perjury in solemn affirmation.

Two ways of committing perjury. They are:

1. By falsely testifying under oath, and

2. By making a false affidavit.


Elements of perjury:

1. That the accused made a statement under oath or executed an affidavit upon a material matter,

2. That the statement or affidavit was made before a competent office authorized to receive and administer
oath; 3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a
falsehood; and

4. That the worn statement or affidavit containing the falsity is required by law.

Art 184. Offering false testimony in evidence.

Elements of offering false testimony in evidence:

1. That the offender offered in evidence a false witness or false testimony.

2 That he knew the witness or the testimony was false.

3. That the offer was made in a judicial or official proceeding.

What are the crimes classified as frauds?

1. Machinations in public auctions. (Art. 185)

2. Monopolies and combinations in restraint of trade. (Art. 186)

3. Importation and disposition of falsely marked articles or merchandise made of gold, silver or other
precious metals. (Art. 187)

4. Substituting and altering trademarks and trade names or service marks. (Art. 188)

5. Unfair competition, fraudulent registration of trade name, trademark, or service mark; fraudulent
designation of origin and false description. (Art. 189)

Art 185. Machinations in public auctions.

Acts punishable under Article 185.

1. By soliciting any gift or promise as a consideration for refraining from taking part in any public auction.

2 By attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other
artifice.

Elements of soliciting gift or promise:

a That there be a public auction.

b. That the accused solicited any gift or a promise from any of the bidders.

c. That such gift or promise was the consideration for his refraining from taking part in that public auction.
d. That the accused had the intent to cause the reduction of the price of the thing auctioned.

Elements of attempting to cause bidders to stay away:

a. That there be a public auction.

b. That the accused attempted to cause the bidders to stay away from that public auction,

c. That it was done by threats, gifts, promises or any other artifice.

d.. That the accused had the intent to cause the reduction of the price of the thing auctioned.

PRESIDENTIAL DECREE No. 1602

Prescribing Stiffer Penalties on Illegal Gambling.

SECTION 1. Penalties. hereby imposed: The following penalties are

(a) The penalty of prision correccional in its medium period or 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 succeeding subsections 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, cuajo, pangguige and other games, paik que, high and low, mahjong, domino and other
games using plastic tiles and the like; 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 or scheme, whether upon chance or skill,
wherein wagers consisting of money, articles of value or representative of value are at stake or made;

2. Any person who shall knowingly permit any form of gambling referred to in the proceeding sub paragraph
to be carried on in an inhibited or uninhibited place or in any building, vessel or other means of
transportation owned or controlled by him. 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, the malefactor shall be punished by prision correccional in its
maximum period and a fine of six thousand pesos.

Penalties for violation of the gambling law.

a. The penalty of prison correccional in its medium period or a fine ranging from 1,000 to 6,000, and in case
of recidivism, the penalty of prison mayor in its medium period or a fine ranging from 5,000 to 10,000, shall
be imposed upon;
Any person who, in any manner, shall directly or indirectly take part in any illegal or unauthorized activities
or game of----

1. Cockfighting, jueteng, jai-alai or horse racing to include bookie operation and game fixing, number,
bingo, and other forms of lotteries;

2. Cara y cruz, pompiang and the like;

3. 7-11 and any game using dice;

4. Black jack ,luck nine, poker and its derivatives, monte, baccarat, cuajo, pangguigue, and other card
games;

5. Paik que, high and low,mahjong, domino and other game using plastic tiles and the like;

6. Slot machine, roulette, pinball and other mechanical contraption and devices;

7. Dog racing, boat racing, car racing, and other forms of races;

8. Basketball,boxing, volleyball,bowling, pingpong and other forms of individual or team contest to include
game fixing, point shaving and other machinations;

9. Banking or percentage game, or any other game or scheme, whether upon chance or skill, wherein
wagers consisting of money, articles of value or representation of value are at stake or made;

Penalties under R.A. No. 9287.

Any person who participates in any illegal numbers game shall suffer the following penalties:

A. Imprisonment from 30 to 90 days if person acts as bettor;

B. imprisonment from 6 years and 1 day to 8 years if person (1) acts as personnel or staff of an illegal
numbers game operation, or (ii) allows his vehicle, house, building or land to be used in such operation;

C. imprisonment from 8 years and 1 day to 10 years acts as collector or agent; if person

D. imprisonment from 10 years and 1 day to 12 years acts as coordinator, controller or supervisor, if person

E. imprisonment from 12 years and 1 day to 14 years acts as maintainer, manager or operator;

F. if person imprisonment from 14 years and 1 day to 16 years - if person acts as financier or capitalist;

G. imprisonment from 16 years and 1 day to 18 years acts as financier or coddler. (Sec. 3) if person.

Art 199. Illegal cockfighting.

The penalty of arresto menor or a fine not exceeding 200 pesos or both, in the discretion of the court, shall
be imposed upon:
1. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things,
or who organizes cockfights at which bets are made, on a day other than those permitted by law.

2. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things,
or organizes such cockfights, at a place other than a licensed cockpit

(a) Cockfighting: shall embrace and mean the com monly known game or term "cockfighting derby, pintakasi
or tupada," or its equivalent terms in different Philippine localities.

(b) Zoning Law or Ordinance: Either or both national or local city or municipal legislation which logically
Either or both arranges, prescribes, defines and apportions a given political subdivisions into specific land
uses as present and future projection of needs warrant.

(c) Bet Taker or Promoter: A person who calls and take care of bets from owners of both gamecocks and
those A person who calls and of other bettors before he orders commencement to the cockfight and
thereafter distributes won bets to the winners after deducting a certain commission.

(d) Gaffer (Taga Tari): A person knowledgeable in the art of arming fighting cocks with gaff or gaffs on either
or both legs.

e) Referee (Sentenciador) - A person who watches and overseas the proper gaffing of fighting cocks,
determines the physical condition of fighting cocks while cockfighting is in process, the injuries sustained by
the cocks and their capability to continue fighting and decides and make known his decision by word or
gestures the result of the cockfighting by announcing the winner or declaring a tie or no contest game.

(f) Bettor - 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 Referee or Sentenciador. He may be the owner of fighting cock. (Sec. 4)

(d) Holding of Cockfights: Except as provided in this Decree, cockfighting shall be allowed only in licensed
cockpits during Sundays and legal holidays and during local fiestas for not more than three days. It may also
be held during provincial, city or municipal agriculture, commercial or industrial fair, carnival or exposition for
a similar period of three days upon resolution of the province, city or municipality where such fair, carnival or
exposition is to be held, subject to the approval of the Chief of Constabulary or his authorized representative:

That December 30 no cockfighting shall be held (Rizal Day), June 12 (Philippine Independence Day),
November 30 (National Heroes Day), Holy Thursday, Good Friday, Election or Referendum Day and during
Registration Days for such election or referendum.

e) Cockfighting for Entertainment of Tourists or for Charitable Purposes: Subject to the preceding
subsection hereof, the Chief of Constabulary or his authorized repre sentative 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 fundraising 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 licenses cockpits or in playgrounds or parks: Provided, That this privilege shall be extended for only one
time, for a period not exceeding three days, within a year to a province, city, or municipality.
Sec. Ten. Date of Effectivity. This Decree shall take effect after fifteen (15) days following the
implementation of its publication in the Official Gazette.

Permitting gambling of any kind in cockpit is punished under the same Decree.

The owner, manager or lessee of the cockpit who shall permit gambling of any kind on the premises of the
cockpit or place of cockfight during cockfights, violation of the injunction, shall be criminally liable under
Section 9. (Sec. 5[f])

Spectators in a cockfight are not liable.

The Decree does not punish a person attending as a spectator in a cockfight. To be liable, he must participate
in the cockfight as bettor.

You might also like