Anti-POGO Act IRR signed in Malacañang


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Justice Undersecretary Nicholas Felix Ty disclosed the recent signing of the implementing rules and regulations (IRR) of Republic Act No. 12312, or the Anti-POGO Act, at Malacañang Palace.
The IRR were signed by Secretary Frederrick Vide and Presidential Anti-Organized Crime Commission (PAOCC) Executive Director Undersecretary Benjamin Acorda.
Ty said the signing was attended by various stakeholders and representatives from government agencies, including the Office of the President, Department of Information and Communications Technology, Department of the Interior and Local Government, Department of Labor and Employment, and Philippine Amusement and Gaming Corp., among others.
“As you all know, the Anti-POGO Act legislate what has been executive policy since 2024, which is the outright ban on POGOs, which was which was performed by the president himself in the SONA back in 2024,” Ty said.
He said the law not only bans offshore gaming operations but also criminalizes certain activities related to POGO operations, provides for the forfeiture of assets used in prohibited activities, and addresses the treatment of employees who may be displaced by the closure of POGO operations.
The signing of the IRR comes as the Supreme Court has adopted a separate rule governing the civil forfeiture of POGO-related assets under Section 15 of RA 12312.
Under the high court's rule, buildings, facilities, gaming equipment, paraphernalia and proceeds linked to prohibited POGO activities may be forfeited in favor of the government through expedited proceedings before Regional Trial Courts.
Civil forfeiture may proceed independently of a criminal case. A prior criminal charge, pending criminal case or conviction is not required before the government may seek forfeiture.
Government agencies involved in the seizure, custody or investigation of POGO-related assets may initiate forfeiture proceedings through the Office of the Solicitor General or its deputized representative.
The petition must generally be filed before the RTC with jurisdiction over the location of the assets.
The rule directs courts to use an expedited procedure while observing due process. Judges must determine probable cause within 24 hours of receiving the petition, while respondents are given 20 calendar days from publication to file their comment or opposition.