A person arrested for playing cara y cruz was charged with violation of Presidential Decree No. 1602 or the Anti-Gambling Law. The lawyer for the accused argues that the case should be dismissed based on an exempting circumstance, which is that the accused is poor. The lawyer argues that unlike those who gamble in big casinos with astronomical sums of money, cara y cruz is the accused’s only means of entertainment. In addition, the lawyer explains that gamblers from China, where gambling is illegal, are even welcomed in the Philippines. Is the lawyer’s argument legally tenable? Explain briefly.
Suggested answer only. Not an official answer and not legal advice.
No, the lawyer's arguments are not legally tenable. Under Article 12 of the Revised Penal Code, poverty is not enumerated as an exempting circumstance that exculpates an offender from criminal liability. Furthermore, violations of special penal laws
Unlock the full Criminal Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Is poverty recognized as an exempting circumstance under Article 12 of the Revised Penal Code?
Poverty is not enumerated as an exempting or justifying circumstance under Philippine penal law.
How does the doctrine of mala prohibita apply to offenses penalized under Presidential Decree No. 1602?
Violations of special penal laws like PD 1602 are mala prohibita where criminal intent is immaterial.
Which of the following gambling games is expressly penalized under Presidential Decree No. 1602?
Presidential Decree No. 1602 expressly penalizes unauthorized street gambling games like cara y cruz.
Does the state's licensing of regulated casinos exempt unauthorized street gambling from prosecution?
Choices available with full access.
What constitutes the essential element to sustain a conviction for a crime mala prohibita?
Choices available with full access.
Learn more about these topics
1. Exempting Circumstances
Under Article 12 of the Revised Penal Code, exempting circumstances strictly encompass specific grounds such as insanity, imbecility, minority, compulsion of an irresistible force, or impulse of an uncontrollable fear. Poverty or lack of financial resources is not recognized under Philippine penal law as an exempting, justifying, or mitigating circumstance that absolves an offender from criminal liability. Economic hardship does not negate criminal intent or voluntariness, nor does it grant individuals a legal license to violate criminal statutes or engage in prohibited activities.
2. Mala Prohibita Crimes
Offenses punishable under special penal laws like Presidential Decree No. 1602 are mala prohibita. In crimes mala prohibita, the prohibited act is penalized regardless of criminal intent, moral turpitude, or personal motives. The sole inquiry in prosecuting mala prohibita offenses is whether the accused freely and voluntarily committed the act prohibited by the penal statute. Consequently, arguments regarding personal entertainment, social standing, or selective enforcement cannot defeat criminal prosecution for playing illegal gambling games.
3. Illegal Gambling Laws
Presidential Decree No. 1602 penalizes unauthorized gambling games, including cara y cruz, cockfighting, and illegal lotteries. The law applies uniformly to all persons within Philippine territorial jurisdiction regardless of socio-economic status or nationality. Legalized gambling operated or licensed by state authorities, such as regulated casinos, is governed by specific statutory frameworks and does not exempt unauthorized street gambling from criminal prosecution under anti-gambling laws.