Republic of the Philippines

Province of Davao de Oro

Municipality of Nabunturan
BARANGAY STA. MARIA

PROPOSED ORDINANCE No. 2025-___

Author: Hon. Dioscora L. Lupiba
Co-author: Hon. Kelvene Boy B. Silva

A PROPOSED BARANGAY ORDINANCE REGULATING ALL FORMS OF ILLEGAL

GAMBLING, IMPOSING CHARGES ON VIOLATIONS AND CREATING A
BARANGAY ANTI-ILLEGAL GAMBLING TASK FORCE

Explanatory Note

WHEREAS, illegal gambling practices are stated in the Articles 195 to 199 of The
Revised Penal Code and other subsequent 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Revised Penal Code and repealed inconsistent provisions) and Republic Act No. 9827
(Increasing the Penalties for Illegal Number Games, Amending Certain Provisions of
Presidential Decree No. 1602, and For Other Purposes);

WHEREAS, Section 13 of Article 2 of the 1987 Philippine Constitution provides that the
state shall recognize the vital role of the youth in nation-building and it shall promote and protect
their physical, moral, spiritual, intellectual, and social well-being;

WHEREAS, Section 391 of Republic Act 7160, otherwise known as the Local
Government Code of 1991, states that the Sangguniang Barangay shall enact ordinances as may
be necessary to promote the general welfare of its inhabitants and shall provide for the proper
development of the children in the barangay by promoting and supporting activities for the
protection and total development of children;

WHEREAS, gambling practices bring harmful effects to its clients, children, family and
community. Such acts can be sources of crimes, result into addiction, ruin interpersonal and
intrapersonal relationships and harm physical health of individuals. These acts could also affect
minors by associating, harming, corrupting or exploiting them to such.

WHEREAS, the Sangguniang Barangay of Sta. Maria is committed to uplift the socio-
economic well-being of its residents and maintain and provide protection of the minors in the
community;

WHEREAS, in order to stop illegal gambling practices in the community, to ensure the
general welfare of its residents, particularly the minors the need for regulating all forms of illegal
gambling, imposing charges on such acts and establishment of a Barangay Anti-Illegal Gambling
Task Force are provided in this ordinance;
 BE IT ENACTED BY THE SANGGUNIANG BARANGAY OF STA. MARIA IN
SESSION ASSEMBLED, THAT:

SECTION 1. TITLE. This ordinance shall be known as the “Anti-Illegal Gambling Ordinance
of Barangay Sta. Maria”, Nabunturan, Davao de Oro Province.

SECTION 2. PURPOSE. The objectives of this proposed ordinance are as follows:

a.) To regulate illegal gambling practices for the general welfare of the people of Barangay Sta.
Maria;
b.) To prevent gambling from becoming a source of crimes and disorders in the community;
c.) To protect minors from illegal gambling and to avoid them from being associated, corrupted,
harmed or exploited from such activities;
d.) To prevent illegal gambling from affecting relationships in the family and community;
e.) To lessen children at risk (CAR) and children in conflict with law (CICL);
e.) To promote and maintain peace and order in the barangay; and
f.) To promote and secure the good character and morals of the people, especially children of
Barangay Sta. Maria.

SECTION 3. SCOPE AND COVERAGE. This ordinance shall apply to all persons residing in
Barangay Sta. Maria of the Municipality of Nabunturan, including all transient individuals or
visitors, all business establishments; and institutions such as schools, government offices and
other offices whether private or public, within the jurisdiction of the barangay.

SECTION 4. DEFINITION OF TERMS. When used in this ordinance, the following terms
shall mean as follows:
 Bingo – refers to a lottery game where cards with grids are being used on which five
numbers that are covered in a row in any direction constitutes a win.
 Business establishments – refer to places where business is conducted, goods are made or
stored or processed or where services are rendered.
 Card Games or “Baraha” – refers to a gambling game using card wherein the object is to
hold cards having a higher count than those dealt to the banker, including billiard games
using cards.
 Cockfighting – refers to a contest in which gamecocks usually fitted with metal spurs are
pitted against each other.
 Collector or agent (Cobrador) – refers to any person who collects, solicits or produces
bets in behalf of his/her principal for any illegal gambling games.
 Domino – refers to a game played with rectangular tiles.
 Financiers or capitalist – refers to any person who finances the operations of any illegal
gambling games.
 Gambling – refers to series of activities of gaming and betting.
 Game fixing – refers to a practice of dishonestly determining the outcome of a match
before it is played.
 “Hantak” – refers to a toss coin game.
 Illegal – refers to anything contrary to law.
  Interpersonal – refers to describe things that involve interaction and relationship between
two or more individuals.
 Intrapersonal – refers to something that occurs within individual’s mind or self,
encompassing self-awareness, self-reflection and internal abilities and behaviors to
manage emotions and cope with challenges.
 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.
 Lottery - refers to a game whose outcome is determined by chance.
 Maintainer or conductor – refers to any person who maintains, manages or operates any
illegal gambling games in a specific area from whom the coordinator, and collector or
agent take orders.
 Mahjong – refers to a game wherein players pick up pieces of plastic tiles to build a
winning combination.
 Minor – refers to persons below eighteen (18) years of age.
 Premise – refers to any house, office, room or building, place or spot including vehicles
and other means of transportation

SECTION 5. CREATION OF ANTI-ILLEGAL GAMBLING TASK FORCE. A functional

Barangay Anti-Illegal Gambling Task Force shall be created and organized for the
implementation of this ordinance. It shall possess the authority to implement measures against
illegal gambling practices in Barangay Sta. Maria.

SECTION 6. COMPOSITION. The task force shall be composed of the following:

Chairman – Punong Barangay
Vice Chairman – Barangay Kagawad, Comm. on Peace and Order
Members: – Barangay Kagawad, Comm. on Children, Women and Family
All Other Barangay Kagawads
SK Chairperson
All Barangay Tanods
Barangay SWADA
Philippine National Police (PNP) Representative
SMES Principal

Secretariat: Barangay Secretary

Clerk

SECTION 7. FUNCTIONS. The Anti-Illegal Gambling Task Force shall have the authority in
the implementation of this ordinance and illegal gambling cases and shall exercise any and all of
the following specific powers and functions:
a.) To implement and enforce the rules and regulations of this ordinance;
b.) Apprehend and issue citation ticket to any violators caught;
c.) To investigate illegal gambling cases; and
d.) To conduct inspections, public information and dissemination campaigns for the
 implementation of this ordinance.

SECTION 10. PROHIBITED ACTS. The following are the prohibited acts of this ordinance:

a.) Directly or indirectly taking part in any illegal gambling practices of card games or “baraha”,
cockfighting or “tigbakay” or other game fixing; last two and other number games; bingo and
other forms of lottery games; mahjong, and other games using plastic tiles; basketball, volleyball,
and other forms of individual or team contests to involve game fixing, betting and other
machinations.

b.) Knowingly permit any form of illegal gambling referred to in the preceding subparagraph, to
be carried inhabited or uninhabited place or in any building, offices whether public or private,
and other means of transportation owned or controlled by an individual, corporation, company or
an institution.

c.) Acting as the, collector or agent, coordinator, controller or supervisor, financiers or capitalist,
protector or coddler, and maintainer or conductor of illegal gambling activities referred to in
subparagraph (a).

d.) Providing or producing facilities or equipment for conducting any activities or practices of
illegal gambling provided in subparagraph (a).

e.) Inviting, committing or causing minors to gamble or bet whether directly or indirectly on
purpose.

f.) Inviting, committing or causing minors to enter a premise wherein illegal gambling activities
are being carried.

g.) Inviting, committing or causing minors to be involved and participating in gaming and betting
any acts of gambling referred to subparagraph (a) under this section.

SECTION 11. PENAL PROVISIONS. The following are the corresponding penalties to the
prohibited acts enumerated in the preceding section:

1.) Any person who violates the prohibited acts under this ordinance shall be penalized as
follows:
a. First Offense – P500.00 or render four (4) hours of community service.
b. Second Offense – P800.00 or render six (6) hours of community service
c. Third Offense – P1,000.00 or render two (2) days of community service
d. Subsequent Offense – Discretion of the court.

2.) Parent, guardian or any adult person having the care and custody of the minor found or
involved in any gambling activities or premise shall be penalized as follows:
a. First Offense – Reprimand and counseling by the barangay Social Welfare and Development
Auxiliary (SWADA) for the minor and parent or guardian
b. Second Offense – P500.00 or render four (4) hours of community service
c. Third Offense - P800.00 or render six (6) hours of community service
d. Subsequent Offense – Discretion of the court.

3.) Owner, operator, manager, office-in-charge or an employee of any business establishments

found to be in violation of Section 10 of this ordinance shall be penalized as follows:
a. First offense – P500.00
b. Second offense – P800.00
c. Third offense – P1,000.00
d. Fourth offense – cancellation of business Permit or discretion of the court

SECTION 12. EXEMPTIONS. There shall be no minor to participate in gaming or betting on

any legal gambling activities duly recognized and licensed by the government like Small Town
Lottery (STL) and cockfighting. Gambling activities during vigil or wake of deceased person, a
minor is strictly prohibited to participate in gaming nor betting.

SECTION 13. OTHER PROVISIONS. If any of the offenses is committed by an institution,

government agencies, offices and government entity, the chief executive officer, director,
manager or such other officer-in-charge shall be liable for the commission of the offense
penalized under this ordinance. If the violator is the enforcer and implementer of this ordinance,
he or she shall also be penalized with the same fines and sanctions enumerated in Section 11.

SECTION 13. SEPARABILITY CLAUSE. If for whatever reason, any provision of the
Ordinance is declared to be unconstitutional or invalid, the other provisions hereof not so
affected shall continue in full force and effect.

SECTION 14. REPEALING CLAUSE. All ordinances and regulations or parts thereof,
inconsistent with or conflict with the provisions of this ordinance shall be deemed repealed
and/or amended accordingly.

SECTION 15. EFFECTIVITY. This ordinance shall take effect within fifteen (15) days after
its approval and the posting of the full text of this ordinance in three (3) conspicuous places of
the barangay.