Illegal Gambling Regulation and Agency Jurisdiction

Executive Order No. 13
Rodrigo Roa Duterte's Executive Order No. 13 intensifies the fight against illegal gambling by clarifying the jurisdiction of regulatory agencies and mandating law enforcement to coordinate efforts in suppressing unauthorized gambling activities while ensuring compliance with licensing regulations for online gaming.

Policy objective and constitutional anchor

  • The State condemns illegal gambling activities as a widespread social menace and as a source of corruption.
  • Illegal gambling is identified as an influential factor in an individual's disregard for dignified work, perseverance, and thrift.
  • The order is anchored on the constitutional command that the President shall have control over all executive departments and shall ensure the laws are faithfully executed (Section 17, Article VII).

Coverage: law enforcement and government agencies

  • Section 1 directs the Philippine National Police (PNP), the National Bureau of Investigation (NBI), and other law enforcement agencies to intensify the fight against illegal gambling.
  • Section 1 requires coordination with concerned agencies including the Department of Justice (DOJ), the Department of the Interior and Local Government (DILG), and the Department of Information and Communications Technology (DICT).
  • Section 1 requires law enforcement agencies to coordinate and promptly act on requests of gambling regulatory authorities to investigate and stop illegal gambling activities within their respective jurisdictions.
  • Section 4 directs full cooperation and assistance from government agencies and authorities including PAGCOR, CEZA, AFAB, APECO, Bureau of Internal Revenue, Bureau of Immigration, Bureau of Customs, Anti Money Laundering Council, DILG, DICT, and Philippine Economic Zone Authority to the Office of the President or its duly authorized representative.

Illegal gambling definition and territorial rule

  • Section 2 defines illegal gambling as committed by any person who, in any manner, directly or indirectly takes part in a game scheme.
  • The definition covers schemes where winning depends on chance, skill, or both.
  • Illegal gambling exists when wagers consisting of money, articles of value, or representative of value are at stake or made.
  • The game scheme is illegal when it is not authorized or licensed by the government agency duly empowered by law or its charter to license or authorize the conduct of such games.
  • The game scheme is also illegal when it is conducted in a manner that violates the terms and conditions prescribed by the duly empowered government agency.
  • Section 2 further declares that gambling activities, and activities and services directly or indirectly related to or in support of gambling activities, conducted beyond the territorial jurisdiction of the government authority that issued the license are treated as illegal gambling.

Clarification on online gambling participation limits

  • Section 3 prohibits any duly licensed online gambling operator from directly or indirectly allowing persons who are physically located outside the territorial jurisdiction of the licensing authority to place bets or participate in the games.
  • The restriction applies whether participation occurs through an online portal or similar means.
  • Section 3 does not prevent duly licensed online gambling operators from allowing participation of persons outside Philippine territory.
  • Section 3 prohibits the license to operate online gambling from being assigned, shared, leased, transferred, sold, or encumbered to any other party.
  • Section 3 requires any gambling operator desiring to operate outside the jurisdiction of the licensing government authority to apply for a separate license with the appropriate authority.

Oversight, coordination, and regulatory direction

  • Section 4 provides that the Office of the President, through its duly authorized representative, exercises oversight in implementation.
  • The duly authorized representative must coordinate with relevant agencies and recommend to the President the issuance of rules, regulations, and directives for:
    • the suppression of illegal gambling, and
    • the improvement of government efforts to raise revenue from legitimate gambling activities.
  • Section 4 commands participating agencies and authorities to cooperate with and assist the Office of the President or its representative in performing the order’s tasks and functions.

Reporting duties and deadlines

  • Section 5 requires PAGCOR, CEZA, AFAB, APECO, and other similar regulatory entities to submit a consolidated report on the progress of the fight against illegal gambling in their respective jurisdictions.
  • Section 5 requires submission to the Office of the President through the authorized representative under Section 4.
  • The initial reporting deadline is within six (6) months from the effective date of the order.
  • Section 5 requires subsequent reports every six (6) months thereafter.
  • Section 5 requires the reports to be prepared in coordination with relevant law enforcement agencies.

Funding responsibility for implementation

  • Section 6 provides that necessary amounts to carry out the order shall come from available appropriations in the CY 2017 General Appropriations Act of the concerned agencies.
  • Section 6 makes funding subject to applicable budgetary rules and regulations.
  • Section 6 directs that appropriations for implementation thereafter shall be incorporated in the regular budget of the concerned agencies.

Repeal, separability, and continuity

  • Section 7 revokes, amends, or modifies all executive orders, rules and regulations, and other issuances or parts thereof inconsistent with the executive order.
  • Section 8 provides that if any provision is declared invalid or unconstitutional, the remaining provisions not affected shall remain valid and subsisting.

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