June 13, 1974

PENALIZING BETTING, GAME-FIXING OR POINT SHAVING AND MACHINATIONS IN SPORTS CONTESTS

WHEREAS, the evil that is gambling has again shown its ugly head in the recently-discovered game-fixing or point- shaving scandals during sports contests;

WHEREAS, one of the objectives of the New Society is the development and promotion of desirable moral and cultural values;

WHEREAS, there is urgent need to protect one youth and sports programs and the morality of our society, especially the youth, from the eroding influence of unscrupulous persons who, through fraudulent schemes of game-fixing or point-shaving and other machinations, have made basketball and other sports contests, games and races their media of subverting the aims and goals of true Philippine sportsmanship;

NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me by the Constitution, and pursuant to Proclamations No. 1081, dated September 21, 1972 and No. 1104, dated January 17, 1973; and General Order No. 1, dated September 22, 1972, do hereby order and decree that the following shall be part of the law of the land:

Section 1. Definitions. For purposes of this Decree, the following terms shall mean and be understood to be as hereunder indicated:

a. Betting money or any object or article of value or representative of value upon the result of any game, races and other sports contest.

b. Game-fixing any arrangement, combination, scheme or agreement by which the result of any game, races or sports contests shall be predicted and/or known other than on the basis of the honest playing skill or ability of the players or participants.

c. Point-shaving any such arrangement, combination, scheme or agreement by which the skill or ability of any player or participant in a game, races or sports contests to make points or scores shall be limited deliberately in order to influence the result thereof in favor of one or other team, player or participant therein.

d. Game-machinations any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, races or sport contest.

Section 2. Betting, game-fixing, point-shaving or game machination unlawful. Game-fixing, point-shaving, machination, as defined in the preceding section, in connection with the games of basketball, volleyball, softball, baseball; chess, boxing bouts, "jai-alai", "sipa", "pelota" and all other sports contests, games or races; as well as betting therein except as may be authorized by law, is hereby declared unlawful.

Section 3. Penalty. Any violation of this Decree, or of the rules and regulations promulgated in accordance herewith, shall be punished in the manner following:

a. When the offender is an official, such as promoter, referee, umpire, judge, or coach in the game, race or sports contests, or the manager or sponsor of any participating team, individual or player therein, or participants or players in such games, races or other sports contests, he shall, upon conviction, be punished by prision correccional in its maximum period and a fine of 2,000 pesos with subsidiary imprisonment in case of insolvency, at the discretion of the court. This penalty shall also be imposed when the offenders compose a syndicate of five or more persons.

b. In case of any offender, he shall, upon conviction, be punished by prision correccional in its medium period and a fine of 1,000 pesos with subsidiary imprisonment in case of insolvency at the discretion of the court.

c. When the offender is an official or employee of any government office or agency concerned with the enforcement or administration of laws and regulations on sports the penalty provided for in the preceding Section 3 a small be imposed. In addition, he shall be disqualified from holding any public office or employment for life. If he is an alien, he may be deported.

Section 4. Clearance for arrest, detention or prosecution. No person who voluntarily discloses or denounces to the President of the Philippine Amateur Athletic Federation or to the National Sports Associations concerned and/or to any law enforcement/police authority any of the acts penalized by this Decree shall be arrested, detained and/or prosecuted except upon prior written clearance from the President of the Philippines and/or of the Secretary of National Defense.

Section 5. Repealing Clause. Article 197 of Act No. 3815, otherwise known as the Revised Penal Code, as amended, all provisions of decrees, general orders, letters of instructions, laws, executive orders and rules and regulations which are inconsistent with this Decree are hereby repealed.

Section 6. Effectivity. This Decree shall take effect immediately upon publication thereof by the Secretary of the Department of Public Information at least once in a newspaper of general circulation.

Done in the City of Manila, this 13th day of June, in the year of Our Lord, nineteen hundred and seventy-four.