TO FROM SUBJECT

: Isko Moreno : Atty. Sheryl Lea A. Batitao, Senior ____, Batitao and Associates : Isko Morenos Arrest Regarding His Alleged Violation of Presidential Decree No. 1602 or Prescribing Stiffer Penalties on Illegal Gambling

DATE ISSUES:

: February 21, 2013

1. Whether Isko Moreno violated Presidential Decree No. 1602 for sponsoring a bingo game; and 2. Whether or not the arrest of Isko Moreno made by the police officers is lawful. CONCLUSION: (2-3 Sentences)

STATEMENT OF FACTS: On February 17, 2013, Manila Vice Mayor Francisco Moreno Domagoso, popularly known as Isko Moreno, together with five councilors of the city namely Ernersto Isip, Jr., Joel Chua, Ma. Asuncion Figoso, Yul Servo Nieto and former councilor Manuel Zarcal were arrested in Sta. Cruz, Manila pass 4oclock in the afternoon for allegedly hosting an illegal gambling activity in Tambunting Estate. In the middle of the event, the policemen went into the place where the bingo game was held and warned them that said activity has to be stopped because it involved gambling which is a violation against the law.

Moreno came to Tambunting after he received the information that several policemen were harassing the councilors who were hosting the bingo game. Moreno explained to the police force the purpose of the said activity but his efforts was to no avail. The police insisted to stop the bingo game maintaining that said game is illegal under Republic Act No.1602 or known as the Prescribing Stiffer Penalties on Illegal Gambling. Instead of ending the game, Moreno continued to raffle the game which prompted the police to arrest him together with the five councilors present. As the policemen were taking Moreno to a police car, the villagers grabbed him to prevent his being taken to the headquarters which resulted to a violent arrest.

The police grabbed pieces of evidence such as the tambiolo from which the winning numbers are taken and cards. After the policemen forcibly took the evidences, they dispersed the gathering. In the process of which, there was a fight and the uniform of a policeman and the Tshirt of a Sangguniang Kabataan chair were torn. Several other villagers, including the woman councilor, claimed that they were manhandled by the police and slightly injured. Moreno was detained in Manila Police District, Quiapo station together with five other city councillors. Moreno and the councilors were charged with illegal gambling nine hours later. The city prosecutor Elaine Yarra-Cerezo subsequently released them for further investigation and for insufficiency of evidence.

On the other hand, the version of the policemen on the case was that they were informed regarding the commotion in the place brought by the bingo game activity headed by Moreno. The police, therefore, went to the event and arrested Moreno for what he was sponsoring is an illegal act. Moreno denied the accusation that their activity is illegal because the bingo game cannot be considered as gambling since the cards were distributed free to the villagers and prizes were not money but household appliances. The policemen insisted to stop the game but Moreno ignored them by continuing the game. The policemen were forced to arrest him together with the other councilors. DISCUSSION: 1. game. Moreno and the five councilors did not violate any law. The said bingo game was held in a private property and that the law to which the police based the charges is a former law which was already amended by another law. Presidential Decree No. 1602 or the Prescribing Stiffer Penalties on Illegal Gambling was issued on June 11, 1978 which considers bingo as an illegal numbers game that is prohibited. However, Republic Act No. 9287 or known as An Act Increasing the Penalties for Illegal Numbers Games, amending PD No. 1602, was passed on April 2, 2004 which delisted bingo as an illegal numbers game. It was declared as a part of parlor games of any event or situation. As an elementary rule in Statutory Construction, subsequent laws prevail over the prior laws. Isko Moreno did not violated Presidential Decree No. 1602 for sponsoring a bingo

The police force alleged that those games still need to secure permits from the City Hall before it can be operated. Such claim is not consistent with the Supreme Court ruling in the case of Association of Barangay Councilors vs. Sison promulgated on May 18, 2012 which states that the court authorized the operation of Bingo sa Barangay without need of securing permits from any national or local government agency. Therefore, permit is no longer a requirement before the bingo game be operated. Another claim of the police is that since the game includes betting, then it is still illegal and is prohibited by law. Bingo game is played by paying the card and it is where the prize money came from. Such situation is not the same with the present case. The cards were distributed free to the villagers and the prizes were not money but household appliances. Therefore, no money was involved and no betting took place. 2. The arrest of Isko Moreno made by the police officers is not lawful. No valid warrant of Arrest was secured before arresting the accused Police got the information through a tip from another person which is not considered in a valid arrest to a person