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All Jurisprudence based

0 tracked cards Criminal Law

At a private bar, the owner runs a weekly raffle where customers buy raffle tickets for 100 pesos each; the pot is pooled and the winner receives 60% of the pool, while the owner takes 40% as the house fee. The raffle is not licensed by PAGCOR or any other authority. A raid leads to the owner being charged with illegal gambling under P.D. No. 1602, as amended by R.A. No. 9287. (a) Is the owner liable for illegal gambling? Identify the controlling elements and apply them to these facts. (b) Are the customers liable as co-offenders, accomplices, or mere participants? Distinguish. (c) How does R.A. No. 9287 affect the offense and its penalties in this scenario.

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Elena is liable only if PAGCOR license is absent; without a license the activity is illegal, but bettors are not liable. The game does not involve money or property at stake; if no prize is offered, there is no illegal gambling; RA 9287 does not apply. Elena is not liable because the raffle is private and among friends; P.D. 1602 applies only to commercial operators; the customers are not liable. Elena is liable as the principal offender for illegal gambling; the customers are liable as co-offenders because they knowingly participated; R.A. 9287 increases penalties and covers unlicensed private platforms.

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