The Supreme Court of the Philippines dismissed consolidated petitions assailing the constitutionality of the Rules and Regulations for Philippine Offshore Gaming Operations (RR-POGO), in a Decision promulgated on April 25, 20231. The petitions, filed by Jovencio H. Evangelista, Miguel Daniel C. Cruz and the Anti-Trapo Movement of the Philippines, Inc., were consolidated by a Resolution dated November 26, 20171.
The Court found a prima facie case for certiorari and prohibition but held that the petitioners failed to justify direct resort to the Court1. The consolidated petitions in G.R. Nos. 228234, 228315 and 230080 were dismissed1.
The RR-POGO was approved by the Board of Directors of the Philippine Amusement and Gaming Corporation (PAGCOR) on September 1, 20161. It outlines the procedure for the licensing, accreditation and registration of offshore gaming operators, offshore gaming agents and other auxiliary service providers1. The petitioners alleged that the RR-POGO is unconstitutional because PAGCOR has no authority to operate and regulate online or offshore gaming operations, and asked that it be struck down and that respondents be permanently enjoined from implementing its provisions1.
The Decision set out the history of PAGCOR's franchise. PAGCOR is a government owned and controlled corporation initially created by Presidential Decree (P.D.) No. 1067-A on January 1, 19671. On January 1, 1977, P.D. No. 1067-B granted PAGCOR, for a period of 25 years and renewable for another 25 years, the right, privilege and authority to operate and maintain gambling casinos, clubs and other recreation or amusement places, sports and gaming pools, whether on land or sea, within the territorial jurisdiction of the Philippines1. On July 11, 1983, P.D. No. 1869 consolidated and amended P.D. No. 1067-A, P.D. No. 1067-B, P.D. No. 1067-C, P.D. No. 1399 and P.D. No. 1632 relative to the franchise and powers of PAGCOR into a single statute1. On June 20, 2007, Republic Act No. 9487 amended Section 10 of P.D. No. 1869 with respect to the nature and term of PAGCOR's franchise1.
The RR-POGO defines offshore gaming as the offering by a PAGCOR licensee of authorized online games of chance via the internet, using a network and software program, exclusively to offshore authorized players excluding Filipinos abroad, who have registered and established an online gaming account with the licensee1.
"the Consolidated Petitions in G.R. Nos. 228234, 228315 and 230080 are DISMISSED"
What it means for players
The dismissal leaves the RR-POGO in force, so the licensing, accreditation and registration framework it sets out for offshore gaming operators, agents and auxiliary service providers continues to apply1. The rules describe offshore gaming as offered exclusively to offshore authorized players, excluding Filipinos abroad, who have registered and established an online gaming account with the licensee1. The Decision does not change the position of PAGCOR's franchise, which runs from the expiration of its original term on July 11, 2008 for another 25 years, renewable for another 25 years1.
What happens next
The Decision was promulgated on April 25, 20231. No further steps are set out in the Decision.
Sources1 sources
- gr_228234_2023.pdf, lawphil.net
