1. Concept
| Article 198. Illegal betting on horse race. – The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who except during the period allowed by law, shall be on horse races. The penalty of arresto mayor or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, under the same circumstances, shall maintain or employ a totalizer or other device or scheme for betting on horse races or realizing any profit therefrom. |
| For the purposes of this article, any race held in the same day at the same place shall be held punishable as a separate offense, and if the same be committed by any partnership, corporation or association, the president and the directors or managers thereof shall be deemed to be principals in the offense if they have consented to or knowingly tolerated its commission. (Act No. 3815, Revised Penal Code) |
2. Mode of commission
a. 1st Mode
Elements of the offense:
1) The offender is [or bets] on horse races; and,
2) It is done on periods not allowed by law.
b. 2nd Mode
Elements of the offense:
1) The offender maintains or employ a totalizer or other device or scheme for betting on horse races or realizing any profit therefrom;
2) It is done under the same circumstances as the 1st mode.
EXCEPTION: … during the period allowed by law
3. Separate offenses
For the purposes of this article, any race held in the same day at the same place shall be held punishable as a separate offense. (Paragraph 2, Article 198, Ibid.)
4. Liability of president, director, manager
If the same be committed by any partnership, corporation or association, the president and the directors or managers thereof shall be deemed to be principals in the offense if they have consented to or knowingly tolerated its commission. (Ibid.)
References
⦁ Title 6 – Crimes Against Public Morals, Book 2, Revised Penal Code
