How will government implement Marcos Jr.'s ban on POGOs? | ABS-CBN

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How will government implement Marcos Jr.'s ban on POGOs?

How will government implement Marcos Jr.'s ban on POGOs?

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MANILA — With the spoken order given, how will the government implement a ban on Philippine Offshore Gaming Operators that President Ferdinand Marcos Jr. announced on Monday in his third State of the Nation Address?

According to Senate President Francis "Chiz" Escudero, a lawyer, all the Philippine Amusement and Gaming Corp. needs to do is revoke the existing licenses of POGOs.

He said that there was no executive order, administrative order or law that legalized POGOs, so there is nothing to repeal or rescind.

"Lisensiya na inisyu ng PAGCOR ang nag-legalize diyan kaya ang pag-ban diyan, pagbawi lamang ng lisensiyang binigay ng PAGCOR ang kinakailangan," Escudero told media.

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(A license issued by PAGCOR is what made POGOs legal, so, banning them will just need the revocation by PAGCOR of that license.)

Republic Act No. 11590, passed in 2021, amends the National Internal Revenue Code to set tax rates for Offshore Gaming Licensees and Accredited Service Providers to Offshore Gaming Licensees and for POGO employees but does not touch on whether or not they are allowed.

The law also stresses that "the recognition of legal forms of gambling, including offshore gaming, shall not be construed as a favorable state endorsement of such activity."

Escudero said that the transition period for POGOs to end their operations only applies to the 43 licenses Internet Gaming Licensees accredited by PAGCOR. Those whose licenses had already been revoked before MArcos Jr.'s announcement are already considered to be operating illegally.

"'Yung iligal na POGO na mahigit 100, noong isang taon pa bawal 'yun. Noong isang buwan pa bawal 'yun. Kahapon pa bawal 'yun. Walang transition period 'yun," he said.

(The illegal ones — there are more than 100 of thise — they were already illegal since last year. They were illegal last month, they were illegal yesterday. There is no transition period for them)

SolGen: Executive order needed

Solicitor General Menardo Guevarra, a lawyer and former justice secretary, said banning POGOs will only need an executive order signed by or on behalf of the President.

"Because (the President's announcement) was a policy statement, I suppose that the appropriate administrative issuance will be made by the Office of the President in order to implement this policy statement made by the President yesterday," Guevarra said.

While president, Rodrigo Duterte also made policy statements in his SONAs and in his speeches like the suspension on Philippine Charity Sweepstakes Office games and a ban on vapes that authorities rushed to implement even without a written order.

Guevarra said that the announced ban will mean no applications for new POGO operations will be granted "and for those which are existing, they will have to start winding up their operations."

He said the ban will be implemented by "the appropriate government agencies" like PAGCOR, the Securities and Exchange Commission, and the local government units that issue business permits.

Why not legislate a ban on POGOs?

Escudero said Tuesday he is wary of passing a law banning only POGOs since operators might just migrate to other forms of gambling. For the Senate chief, it would be better to just ban gambling altogether.

"Sa galing ng mga tao sa larangang 'yan, magi-imbento palagi 'yan. 'PAGO', 'PUGO', 'PEGO'," he said.

(The people in that field are very clever. They will just come up with new schemes. 'PAGO', 'PUGO','PEGO')

He said that this could lead to a situation where the legislature would have to pass bills to for a ban each time gambling operators come up with a new scheme or framework for their activities.

Escudero said he supports the continued investigation of the Senate Committee on Women, Children, Family Relations and Gender Equality into POGOs and the reported irregularities and abuse that happen in them.

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