Game-fixing and Leaking Insider Information in Sports: What the Philippines Can Do to Avoid the NBA Betting Scandal

by: Mickey Ingles

A couple of days ago, news broke that the FBI had arrested NBA Hall of Famer and Detroit Pistons legend Chauncey Billups, Miami Heat guard Terry Rozier, and retired player Damon Jones on illegal gambling raps. 

The FBI pointed to seven NBA games in 2023 and 2024, where Chauncey Billups and Damon Jones, in different capacities, leaked insider information on injuries and line-up changes to co-conspirators, who then placed bets—and won big—based on the leaked info. Damon Jones, a long-time friend and teammate of Lebron James, is alleged to have informed sports bettors that Lebron wasn’t going to play a particular Lakers game and to bet on their opponents instead.  Rozier, according to the FBI, leaked that he would leave a game early so sports bettors could bet his under for his points, assists, and three point totals. 

The fall-out of this massive scandal is underway, again bringing to light questions both the legality and morality of sports betting. It also begs the question, if this happened in the Philippines, what laws would apply? If a PBA player manipulates a game, similar to the alleged act of Scary Terry, is it a crime? What if a MPBL player leaks insider and sensitive information to bettors, like Billups and Damon Jones, what then?

The question on game manipulation is a slam dunk, but the question on leaking insider information for sports betting requires a bit more nuancing to answer.

Game-fixing under P.D. 483

If a player outright manipulates a game, that’s a violation of Presidential Decree No. 483, the law which criminalizes game-fixing, point-shaving, and game machination in the Philippines.

Game-fixing is “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 the basis of the honest playing skill or ability of the players or participants.”

Point-shaving is similar to game-fixing, but with the intent of the scheme to deliberately limit points or scores to influence the result of a game.

Game machination is more of a catch-all, where the use of any other fraudulent, deceitful, or unfair means to influence the results of games, races, or sports contests is considered a crime. 

Hence, if a player deliberately does something in the game to cover his under—similar to what Rozier had allegedly done—this would fall squarely within P.D. 483.

Leaking Insider Information: Gray Area

But what about leaking insider information in sports games? Where does that fall under?

P.D. 483 does not explicitly prohibit the leaking of insider or sensitive information. In fact, it doesn’t mention it at all. So, there is a bit of a gray area or doubt if the leaking of insider information is a criminal act under P.D. 483. And as the interpretation of doubts in criminal cases must be for the benefit of the accused, there is room to argue that a coach (such as Billups) or a close friend of a player (such as Damon Jones) who leaks info on injuries and line-ups to benefit bettors and gamblers do not violate P.D. 483 at all.

Of course, there is also room to argue that leaking insider information does violate P.D. 483.

First, game-fixing covers “any arrangement, combination, scheme, or agreement.” The act of leaking information can be considered part of an “arrangement” or bigger “scheme” to fix the game. 

Second, P.D. 483 actually considers coaches and other officials as possible offenders. While this may not cover a retired friend of a player such as Jones, it will cover a coach, like Billups.

Third, prosecutors may just go the route of arguing that a conspiracy had been committed between the “leaker” of information and game-fixers. Under the Revised Penal Code (RPC), a conspiracy occurs when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. The issue with arguing conspiracy to commit P.D. 483 though is that technically, a conspiracy under the RPC is only applicable for felonies listed in the RPC, which P.D. 483, a special law, is not. But all is not lost for the conspiracy route, as the Supreme Court has applied the concept of conspiracy in special laws such as B.P. 22 (Bouncing Checks Law) and even the Forestry Code. So, it might not be that much of a stretch to apply the concept of conspiracy to P.D. 483.

Moving Forward

To plug this apparent gap in our game-fixing laws, it’s high time Congress include the leaking of insider information as the one of the prohibited acts under P.D. 483. While our public servants are at it, Congress can also make it illegal for athletes, coaches, and sports officials themselves from getting involved in sports betting in the first place, particularly in their own sports and events. If government officials, members of the AFP and the PNP, and those under 21 years of age are prohibited from gambling by order of law, Malacañang directive and PAGCOR, maybe including athletes, coaches, and sports officials in the list of those prohibited from sports gambling will help as well. The GAB can also step in, given its jurisdiction over professional sports.

While our government mulls over these things, swift action can likewise be taken by the national sports associations, pro leagues, and athletic associations themselves. In the words of Lebron James, we police ourselves. So it’s really up to the NSAs, leagues like the PBA, PVL, and MPBL, and athletic associations like the UAAP or the NCAA to be proactive in dealing with the dangers of betting and match fixing within its ranks. It starts with public integrity policies taking a strong stand against match manipulation within their ranks and an even stronger stance on penalties for erring players, coaches, and officials. 

International federations such as FIBA and FIFA have robust polices to protect the integrity of the game, including warning players against leaking sensitive or insider information, providing reporting mechanisms, and even mandating the reporting of anyone approached in connection with activities related to possible match manipulation. These policies should be the baselines for our local counterparts to follow.

While the eyes of the sports world are focused on the NBA, it’s time for the Philippines to learn from the falling and failings of the league of our basketball idols and get ahead of the curve. In sports, just like in politics, integrity is currency. The recent flood control and corruption scandals have already devalued the currency of integrity in politics. Let’s not let it corrupt our sports too.

Mickey Ingles is the editor-in-chief of Batas Sportiva.

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