Dear PAO,

My brother joined a huddle where, allegedly, a game of cara y cruz was being played. The barangay authorities arrived and dispersed the crowd, but they told both the participants and the spectators that they would file a case for illegal gambling against them. Can they implicate my brother even though he did not participate in the game?

Sinraz

Dear Sinraz,

No, your brother should not be implicated for illegal gambling.

As of this date, playing cara y cruz is undeniably punishable under Section 1 of Presidential Decree 1602, which states:

“Section 1. xxx

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 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, cuajao, pangguingue and other card games; paik que, high and low, mahjong, domino and other games using plastic tiles and the likes; 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 scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made;”

In Beloncio and Enolva v. People of the Philippines, GR 248583, March 3, 2025, Ponente: Associate Justice Amy Lazaro-Javier, the Supreme Court explained that participation in the game of illegal gaming, or in this case, cara y cruz, must be proven beyond reasonable doubt to merit conviction, saying:

“The phrase ‘[d]irectly or indirectly take part’ does not have a precise definition in law or in jurisprudence. Nevertheless, the arresting officers must witness the accused directly or indirectly participating in the game to be found guilty of the illegal gambling. For a successful prosecution of illegal gambling, the arresting officers must not only have seen the suspected bettors place their bets. They must testify with certainty on the details of the entire gambling operation, including but not limited to the alleged game being played, the identification of the person administering the bets as well as the identification of the bettors, and the denomination of money being bet. Any vagueness on the details clouds the offense with reasonable doubt.”

Thus, mere presence in a crowded gathering where a game of chance is being played does not constitute illegal gambling. For a successful prosecution of illegal gambling, the evidence must establish 1.) that your brother placed a bet, 2.) the details of the entire gambling operation, 3.) the positive identification of your brother as a bettor and of the person administering the bets, and 4.) the denomination of money wagered. Since your brother was merely a spectator and did not participate in the game, he cannot be held liable for illegal gambling.

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]