The House of Representatives unanimously approved on third and final reading Monday afternoon, Nov. 28 a measure that seeks to expand the elements of game-fixing and provides stiffer penalties for such offenses in professional and amateur sports contests.
Hurdling the plenary Monday, Nov. 28 on the strength of 249 affirmative votes during nominal voting was House Bill (HB) No. 4513.
Deputy Speaker and Davao City 3rd district Rep. Isidro Ungab, who took over the rostrum from Deputy Speaker and Batangas 6th district Rep. Ralph Recto during the plenary consideration of HB No.4513, declared that there were neither negative votes nor abstentions.
The bill defines game-fixing as “any arrangement, agreement, scheme, or act or series of acts, wherein any person or persons, maliciously conduct or cause to be conducted any professional or amateur sports other than on the basis of the honest playing skill or ability of the players or participants or even deliberately limiting the skill or ability of any player or participant in a game, race, or sports competition in order to influence the process or to produce a pre-determined result for purposes of gambling, betting, or as part of a scheme to defraud the public on the conduct and outcome of the game".
Proof of actual payment or receipt of money or any valuable consideration is not a requirement to constitute the crime of game-fixing but it shall be deemed a prima facie evidence of its commission, the bill said.
The measure's authors include House Majority Leader and Zamboanga City 2nd district Rep. Manuel Jose "Mannix" Dalipe, 1-Pacman Party-list Rep. Mikee Romero, Northern Samar 1st district Rep. Paul Daza, ACT Teachers Party-list Rep. France Castro, and Gabriela Party-list Rep. Arlene Brosas.
“This proposed measure seeks to expand the elements constituting the crime of game fixing and prescribe stiffer penalties to arrest the widespread illicit practice, and by so doing, to promote the true spirit of sportsmanship,” the authors said.
Other forms of game-fixing such as point-shaving, game machination, and the act of wilfully abetting, aiding, or inducing any person to commit game-fixing and profiting from it are also penalized under the measure.
Point-shaving refers to any such arrangement, combination, scheme, or agreement by which the skill or ability of any player or participant in a game, race or sports competition to make points or scores shall be deliberately limited to influence the result in favor of one or the other team, player or participant therein.
On the other hand, game machinations refer to any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, race, or sports contest.
Under the measure, game-fixing is deemed committed by a syndicate if carried out by a group of three or more persons conspiring or confederating with one another to perform the prohibited acts specified in Sections 3 and 4 of the measure.
The bill imposes the penalty of imprisonment from three years and one day to six years, or a fine of not less than P1 million but not more than P5 million, or both at the discretion of the court for violation of provisions of the law.
When the offender is an athlete, promoter, referee, umpire, judge, or coach, the penalty imposed is imprisonment from six years and one day to 12 years or a fine of not less than P1 million but not more than P5 million, or both.
The penalty of life imprisonment or a fine of not less than P10 million but not more than P50 million or both, is imposed if the offender is a member of a syndicate.
Game-fixing is deemed committed by a syndicate if carried out by a group of three or more persons conspiring or confederating with one another to perform the prohibited acts.
If the offender is a public officer, whether elected or appointed, with the accessory penalty of perpetual disqualification from holding any public office, the maximum penalty shall be imposed.
The same level of penalty applies if the offender is an officer of a partnership, corporation, association, or any juridical entity, who directly participated, consented, or knowingly tolerated the game-fixing, as well as an alien, who would also be deported after serving his sentence.
Any person who proposes, attempts, or conspires to commit game-fixing shall suffer the penalty of imprisonment from one year to three years, or a fine of not less than P500,000 but not more than P1 million or both.
Likewise, any person engaged in professional sports convicted by final judgment, or those in amateur sports convicted for the same offense for the second time, shall suffer perpetual disqualification to participate in any capacity in competitive sports in the country.
Whistle-blowers who voluntarily disclose information on, or assist in the prosecution of game-fixing shall be exempt from any liability and may be admitted to the Witness Protection Program (WPP).