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AsiaSupreme Court's Dismissal of Petitions Challenging PAGCOR's Authority in Regulating IGLs

Supreme Court’s Dismissal of Petitions Challenging PAGCOR’s Authority in Regulating IGLs

The Supreme Court of the Philippines recently dismissed several petitions challenging the Philippine Amusement and Gaming Corporation’s (PAGCOR) authority to regulate Internet Gaming Licensees (IGLs), formerly known as POGOs. The petitions raised concerns about PAGCOR’s jurisdiction over offshore gaming operators, highlighting the absence of provisions regarding online gaming in PAGCOR’s charter. Despite these arguments, the Supreme Court upheld PAGCOR’s regulatory authority, prompting discussions on the implications of this decision.

Legal Background and Petitions
The petitions, filed by various entities including the Union for National Development and Good Governance Philippines (Unilad), the Anti-Trapo Movement of the Philippines Inc, and lawyer Jovencio Evangelista, contested PAGCOR’s jurisdiction over online gaming. They argued that PAGCOR lacked the authority to regulate offshore gaming operators due to the absence of provisions addressing online gaming in PAGCOR’s charter, which dates back to 1983. Additionally, they questioned the legality of granting franchises to other entities, alleging breaches of PAGCOR’s charter.

PAGCOR’s Defense and Supreme Court’s Decision
PAGCOR defended its authority by citing its mandate to regulate all games of chance, including those existing at the time of its charter’s creation and any new games developed thereafter. The Supreme Court’s decision in favor of PAGCOR emphasized the petitioners’ failure to provide compelling reasons for bypassing lower courts and directly approaching the highest court. The court refrained from delving into the constitutionality and legality of the regulations surrounding POGOs, asserting that such matters could have been addressed by lower courts.

Implications and Industry Developments
The dismissal of the petitions signals a victory for PAGCOR, affirming its regulatory authority over IGLs. This decision comes amid increasing scrutiny of POGOs due to concerns about criminal activities associated with some operators. In response, PAGCOR has implemented stricter regulatory measures, including a probationary stance requiring all POGOs to undergo enhanced scrutiny. As a result, the number of IGLs has significantly decreased, reflecting PAGCOR’s efforts to clean up the industry.

The Supreme Court’s dismissal of petitions challenging PAGCOR’s authority to regulate IGLs underscores the agency’s mandate to oversee all forms of gaming, including online platforms. Despite criticisms and legal challenges, PAGCOR remains steadfast in its commitment to regulating the gaming industry and addressing concerns about unlawful activities. Moving forward, stakeholders will continue to monitor developments in the regulatory landscape and the enforcement of measures aimed at promoting transparency and integrity within the gaming sector.

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