PAGCOR: Up to courts to determine legality of EO on offshore gaming licenses

Bacolor, Pampanga —The Philippine Amusement and Gaming Corporation (Pagcor) said Friday that it is the courts which will determine the legality of Executive Order 13 that allowed them to issue offshore gaming licenses.

That's Pagcor Assistant Vice President Jessa Fernandez's statement after Isabela lawmaker Tonypet Albano concluded that EO 13 is "illegal" after she agreed with him that it cannot supersede a law, which in this case is Republic Act 9487.

“I believe that since her statement is saying that it (EO 13) is illegal, it (EO 13) is non-existent in itself,” Albano said during the House probe on drug war deaths in police operations and its links to Philippine Offshore Gaming Operators (POGO)-related crimes.

To which Fernandez promptly countered, “If I may, Mr. Congressman, I could not declare something illegal. It would [have to] be [decided] in the proper forum or in the proper courts that could declare the Executive Order [13] illegal.”

Fernandez also said that EO 13 clarifies the jurisdiction of the gaming authorities which are allowed to issue licenses for offshore gaming such as the Pagcor, Cagayan Economic Zone Authority, Aurora Pacific Economic Zone and Freeport Authority (APECO) and Authority of the Freeport Area of Bataan (AFAB).

“The EO [13] is a clarification of the jurisdiction. Sinasabi po dito na kapag hindi po malinaw ‘yung jurisdiction ng mga licensing authorities, nakaka-apekto po ito sa proper regulation ng gambling sa Pilipinas po,” Fernandez said.

“RA 9487 allows Pagcor to issue all licenses and then the EO 13 clarifies the jurisdiction of Pagcor, CEZA, APECO and AFAB in the issuance of these licenses,” Fernandez added.

Albano, however, maintained his conclusion that Pagcor’s position is tantamount to declaring EO 13 illegal.

”The Executive Order cannot supersede the law. That is why there is a separation of our duties. It is only Congress who can approve [laws]. It is only Congress who are allowed to do that and not a mere Executive Order," Albano said.

"That's why I told you, with your statement right now, you are saying that EO 13 is illegal and this should be the basis for you to stop POGO as soon as possible,” added Albano.

“May I now ask you, is the EO 13 now cancelled in Malacañang as per the statement of the President that POGOs (Philippine Offshore Gaming Operators) are banned?,” Albano asked.

Pagcor’s Fernandez, however, did not have an answer.

“I don't have sufficient knowledge if EO 13 is already deemed cancelled by that pronouncement, sir. I cannot answer po,” she said.  —VAL, GMA Integrated News