A leading legal expert is cautioning that proposed legislation to prohibit online gaming in the Philippines could inadvertently worsen the negative effects of irresponsible gambling by driving operators underground.

Atty. Tonet Quiogue, head of the technology consulting firm Arden Consult, released a 15-page memorandum arguing that a complete ban would strip the government of its ability to control illegal gambling and its associated excesses.

"The real enemy, as any seasoned observer knows, is illegal gambling — operations that bypass all regulations, pay no taxes, and offer no player protections," Quiogue stated in her memorandum. "If the goal of lawmakers is to eliminate the social ills of gambling, then the logical approach is to surgically strike at these illicit operations, not to outlaw the entire industry and penalize legitimate stakeholders."

Quiogue's warning follows the filing of several bills by legislators, including a recent Senate bill by former Senate President Migz Zubiri. Her memorandum specifically targets bills introduced by Senators Pia and Alan Cayetano, Joel Villanueva, and Sherwin Gatchalian.

Quiogue criticizes the preambles of these bills, which she says portray gambling as inherently illicit and directly linked to fraud, money laundering, and human trafficking. However, Quiogue contends there is no evidence to support this assertion.

She argues this flawed understanding fails to consider the robust legal requirements already mandated by the Philippine Amusement and Gaming Corporation (PAGCOR) for gaming operators to obtain licenses.

"Every licensed online platform's software and hardware must be be independently certified for fairness and security before launch," Quiogue said, citing PAGCOR's extensive audits and compliance checks. "Suspicious activities (large irregular bets, anomalous payouts, etc.) can be quickly flagged and investigated, making it very difficult for criminals to exploit licensed platforms for money laundering or fraud."

Quiogue stressed that the notion of regulated gaming having ties to illegal activity is not only misguided but dangerous, as actual illicit gambling tends to occur in unregulated environments.

"By contrast, unregulated gambling sites truly fit the whereas clause’s dire description — they do provide a haven for illicit activities because they operate in the shadows, outside of Philippine law," Quiogue said. "It is telling that proponents of a ban cite criminal cases ‘linked to online gambling operations’ without distinguishing whether those were legal or illegal operations. The lack of reported criminal breaches in PAGCOR-supervised online gaming suggests that the current licensed regime has been largely effective in mitigating the very risks cited."

To further support her argument, Quiogue cited comparative approaches in other legal jurisdictions. She noted that countries like China, Vietnam, and Indonesia, despite absolute prohibitions on gambling, face significant underground gambling problems.

Conversely, countries such as the United Kingdom, Sweden, and Italy have legalized gaming with starkly different results. Quiogue highlighted Sweden, where over 85 percent of bettors migrated to domestically regulated sites after legalization, rather than offshore bookies.

As the Philippine legislature considers these competing approaches, Quiogue asserts that evidence suggests a clear path forward, one that experts believe the public should fully engage in.

She stressed that evidence-based policymaking benefits Filipinos, rather than "haphazard patchwork driven by fearmongering." Quiogue urged the public to collectively reject "empty solutions which destroy working systems, and create new crime" to genuinely protect Filipino gamers from the ills of gambling.