Executive order, law needed to ban POGO - DOJ

Metro Manila, Philippines — The order of President Ferdinand Marcos Jr. to ban and shut down Philippine Offshore Gaming Operators (POGO) may need either the issuance of an executive order or a new law, the Department of Justice (DOJ) said on Tuesday, July 23.

The agency said Marcos has a number of options to impose the prohibition.

“One of them is an executive order to concretize his policy directive announced during SONA. However, it would be stronger if the Congress passed a law prohibiting all forms of online gaming here in the Philippines,” Justice spokesperson and Assistant Secretary Mico Clavano told NewsWatch Plus in an interview.

Clavano said the Office of the President has a plan and the DOJ has yet to be informed about it.

“The DOJ is ready to implement,” he said.

In his State of the Nation Address, the president put his foot down against POGOs. “Disguising as legitimate entities, their operations have ventured into illicit areas furthest from gaming, such as financial scamming, money laundering, prostitution, human trafficking, kidnapping, brutal torture– even murder. The grave abuse and disrespect to our system of laws must stop,” he said.

Who will implement the ban on POGOs?

Clavano said local government units will enforce the revocation of licenses granted to POGOs.

“By the time that the licenses have been revoked and they refuse to leave the country or they persist in operating in the countries, that’s the time law enforcement agencies will come in. So, for the DOJ, we have the NBI (National Bureau of Investigation), IACAT (Inter-Agency Council Against Trafficking) and we are also part of PAOCC (Presidential Anti-Organized Crime Commission). So, all of these agencies will be at the forefront,” said Clavano.

The president has directed the gaming regulator, the Philippine Amusement and Gaming Corporation, to see to it that POGOs wind down their operations until the end of the year.

Bye POGOs, hello IGL

Meanwhile, Clavano said it would be difficult to assume whether both POGO and internet gaming licenses (IGL) will be part of the presidential directive.

“We will have to wait on any clarification that the Office of the President might make so that we can further implement it,” he said.

The DOJ official said that from their perspective, IGL is a “rebranded” POGO.

“I believe wala nang POGO ngayon (there is no more POGO today), the licenses issued ngayon ay (today are) all IGLS, but the concept is the same they are all allowed to operate online to cater to a population that is not here in the Philippines so I do believe that they are one and the same,” said Clavano.

PAGCOR charter

Under Presidential Decree 1869 or the Pagcor charter, the regulator has the rights, privilege and authority to operate and maintain casinos, clubs, and other recreation or amusement places, sports, gaming pools, such as basketball, football, lotteries, whether on land or sea, within the territorial jurisdiction of the Republic of the Philippines.

In 2016, Pagcor issued rules and regulations covering POGOs. It enabled the government to regulate the online gaming industry and have the authority to issue licenses to qualified operators.