Anti-POGO Act of 2025 - ALBURO ALBURO AND ASSOCIATES LAW OFFICES

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

Under the Anti-POGO Act of 2025, the State recognizes that the maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are paramount for the meaningful enjoyment of democracy. The state likewise values the dignity of every human person and guarantees full respect for human rights.

Philippine Offshore Gaming Operator (POGO) refers to any person or entity organized in the Philippines or any foreign country who conducts in the Philippines offshore gaming operations by themselves or through the services of POGO accredited service providers.

Prohibited Acts– Upon the effectivity of this Act, it shall be prohibited for any person or entity to conduct or offer gaming as defined under this law. This prohibition includes, but it is not limited to, the following acts:

Establishment, operation, or conduct of offshore gaming in the Philippines;
Acceptance of any form of betting for offshore gaming o perations;
Acting as a POGO gaming content provider or POGO service provider;
Creation and operation of a POGO hub or POGO site in the Philippines;
Introduction, use, or possession of POGO gaming equipment or POGO gaming paraphernalia in the Philippines; and
Aiding or abetting the conduct of any act or activity prohibited under this Act, including the following:
1. Registering companies used to conceal offshore gaming operations;
2. Providing any kind of spurious identification cards, birth certificates, passports, licenses, and permits in support of offshore gaming operations;
3. Leasing, subleasing, using, or allowing the use of any house, building, tourism enterprise, or similar establishment; any vehicle or carrier by land, sea, and air; their computer systems, computer hardware, other computer-related devices, or any of their digital platforms or applications to commit prohibited activities under this Act; or
4. Facilitating, assisting, or helping in the exit and entry of persons from or to the country at international and local airports, territorial boundaries, and seaports, knowing they are not in possession of tampered, fake, or fraudulently acquired travel documents, for the purpose of committing prohibited activities under this Act.

Revocation of POGO Licenses and Prohibition to Operate

The license of any person or entity as POGO, POGO gaming content provider, or POGO accredited service provider in relation to offshore gaming operations in the Philippines, previously issued by the Philippine Amusement and Gaming Corporation (PAGCOR), special economic zone authorities, Tourism Infrastructure and Enterprise Zone Authority (TIEZA), freeport authorities, and other government agencies, are hereby withdrawn, revoked, or cancelled permanently. They shall immediately wind down their operations not later than the effectivity of this Act.

The power of PAGCOR, special economic zone authorities, TIEZA, freeport authorities, investment promotion agencies, and other government agencies to issue a license or permit for the conduct of offshore gaming, or to issue a license, permit, or accreditation to POGO gaming content providers and POGO-accredited service providers is hereby revoked.

Any corporation which includes in its purpose any of the prohibited acts is directed to amend its Articles of Incorporation with Securities and Exchange Commission (SEC) within thirty (30) days from the activity of this Act. Otherwise, its Certificate of Registration shall be deemed revoked by the SEC.

Cancellation of Work Permits and Visas

All Alien Employment Permits (AEP) and certificates of exemption and exclusions issued by the Department of Labor of Employment (DOLE) and any visa or work permit issued by the Bureau of Immigration (BI) or any other visa-issuing agencies to persons engaged in offshore gaming operations or employed by POGOs, POGO gaming content providers, and POGO accredited service providers are hereby withdrawn, revoked, or cancelled permanently: Provided, That upon the effectivity of this Act, the DOLE, the BI, and other visa-issuing agencies shall not be allowed to issue any visa or work permit to any person for purposes related to offshore gaming operations: Provided, further, That the BI shall ensure that a foreign national whose visa is cancelled in accordance with this provision shall be deported directly to the country of his or her birth or of which he or she is a citizen, in coordination with the appropriate embassy or consulate: Provided, finally, That prosecution and punishment for crimes committed by such foreign national shall take precedence over an action for deportation.

Payment of Fees and Taxes

All POGOs, POGO gaming content providers, POGO accredited service providers, and POGO local gaming agents whose licenses have been revoked under this Act shall continue to be liable for all taxes, duties, regulatory fees, and all other charges up to the last day of their operations, which are due and payable to the government arising from in connection to their operations.

Notwithstanding the revocation of license and closure of operations, the Bureau of Internal Revenue (BIR) shall audit the aforementioned persons or entities in order to determine any tax liability.

The POGO local gaming agent shall continue to act as the authorized representative of the POGOs for the payment of taxes resulting from the BIR audit.

Predicate Offenses

Any act, omission, series, or combination of violations of this Act shall constitute unlawful activity under the Anti-Money Laundering Act of 2001, as amended.

Ban on Local and Foreign Employment and Human Trafficking Offense

It shall be prohibited for any person or entity to recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive any Filipino or alien, for purposes of employment, training, or apprenticeship in offshore gaming operations in the Philippines.

To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person by any means, including under the pretext of employment, training, or apprenticeship for offshore gaming operations in the Philippines, shall be considered unlawful under Section 4 of the Expanded Anti-Trafficking in Persons Act of 2012, and punishable under such law.

Penalties

Except for specific violations and prosecution under other laws which already provide specific penalties, violations of the provisions of this Act shall be punishable by:

First offense: imprisonment of not less six (6) years nor more than eight (8) years and a fine of not less than Three hundred thousand pesos (P300,000.00) nor more than Fifteen million pesos (P15,000,000.00), at the of the court;
Second offense: imprisonment of not less than eight (8) years and one (1) day nor more than ten (10) years and a fine of not less than Fifteen million pesos (P15,000,000.00) nor more than Thirty million pesos (P30,000,000.00), at the discretion of the court; or
Third offense: imprisonment of not less than ten (10) years and one (1) day nor more than twelve (12) years and a fine of not less than Thirty million pesos (P30,000,000.00) nor more than Fifty million pesos (P50,000,000.00), at the discretion of the court.

If the offender is a juridical entity, the penalties shall be imposed on the entity’s responsible officers, such as but not limited to, the president, chief executive officer, general manager, or partner directly responsible, or those members of the board of directors and other who have beneficial interest in the juridical entity, or those officers who knowingly permitted or failed to prevent the commission of violations under this Act.

If the offender is a public official or employee, the maximum of the applicable penalty shall be imposed.

If the guilty officer is an alien, he or she shall be summarily deported after serving the sentence and forever barred from re-entering the Philippines.

Any person convicted for the violation of any provision of this Act shall not be subject to probation under the Probation Law of 1976, as amended.

Liability of Government Employees and Public Officials

If the prohibited act is committed by a government employee or public official, he or she shall, in addition to the penalties provided in this Act, be dismissed from employment and perpetually disqualified to be elected, appointed, and employed in any government office. In addition, all the retirement benefits of such government employee or public official shall be forfeited in favor of the government.

Prosecution, Judgment, and Forfeiture

Except for specific violations and prosecution under other laws which already provide specific penalties, prosecution or conviction under this Act shall be without prejudice to prosecution and punishment under the Revised Penal Code or other existing laws.

All POGO buildings or other structures or facilities, materials, POGO gaming equipment, and POGO gaming paraphernalia used directly or indirectly in violation of this Act, and the proceeds of such illegal act or activity, shall be forfeited in favor of the government and may be disposed of in accordance with existing laws, rules, and regulations: Provided, That the POGO gaming equipment and POGO gaming paraphernalia shall be destroyed by the seizing authority.

Independent of a criminal case, any property, tool, instrument, or any other asset used for the commission of the acts prohibited in this Act shall be subject to civil forfeiture upon finding of probable cause, in accordance with rules of procedure to be formulated by the Supreme Court: Provided, That the rules shall also include a summary procedure for the release of a portion of such assets during the pendency of the proceedings, for operational support and victim protection, including victims protection, including victims of human trafficking involved in the commission of prohibited acts and other offenses in this Act.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

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