1. Concept
| Article 196. Importation, sale and possession of lottery tickets or advertisements. – … |
| x x x |
| Any person who shall knowingly and with intent to use them, have in his possession lottery tickets or advertisements, or shall sell or distribute the same without connivance with the importer of the same, shall be punished by arresto menor, or a fine not exceeding 200 pesos, or both, in the discretion of the court. (Act No. 3815, Revised Penal Code) |
2. Mode of commission
Elements of the offense:
1) The offender has in his possession lottery tickets or advertisements, or shall sell or distribute the same without connivance with the importer of the same; and,
2) He commits such acts knowingly and with intent to use them.
3. Possession as prima facie evidence
The possession of any lottery ticket or advertisement shall be prima facie evidence of an intent to sell, distribute or use the same in the Philippine Islands. (Paragraph 3, Article 196, Ibid.)
References
⦁ Title 6 – Crimes Against Public Morals, Book 2, Revised Penal Code
