Prohibiting online gaming in the Philippines could worsen the effects of irresponsible gambling by sending operators underground, a legal expert warned.
Lawyer Tonet Quiogue, who heads the technology consulting firm Arden Consult, released a 15-page memorandum arguing that a government ban on online gaming would forfeit its ability to control illegal gambling and its 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 said.
“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,” she said.
Quiogue’s warning comes amid various bills filed by legislators, including a recent Senate Bill by former Senate President Miguel Zubiri. Quiogue’s memorandum specifically targets bills filed by Senators Pia and Alan Cayetano, Joel Villanueva and Sherwin Gatchalian.
Quiogue said the bills’ preambles and “whereas clauses” paint gambling as an inherently illicit activity, directly linked to fraud, money laundering and human trafficking. Quiogue countered that there is no evidence to support this portrayal.
This fails to consider the robust legal requirements already set by the Philippine Amusement and Gaming Corp. (PAGCOR) before gaming operators can receive licenses, she said.
“Every licensed online platform’s software and hardware must 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,” she said.
Quiogue said that suggesting regulated gaming has ties to illegal activity is not only misguided but dangerous, considering that actual illicit activity related to gambling tends to occur when it is unregulated and unchecked.
“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,” the lawyer added.
Quiogue supported her argument by citing comparative approaches in different legal jurisdictions. She highlighted countries like China, Vietnam, and Indonesia as having significant underground gambling problems despite absolute prohibitions.
Quiogue noted that countries such as the United Kingdom, Sweden and Italy have legalized gaming and found starkly different results. She cited Sweden, where bettors immediately migrated to domestically regulated sites instead of offshore bookmakers, with over 85 percent of gamers participating through legal means.
As the Philippine legislature weighs these competing approaches, the evidence, according as to Quiogue, suggests a clear path forward, which experts like her believe the public should fully participate in.
She said evidence-based policymaking works for the benefit of Filipinos, as opposed to haphazard approaches driven by fearmongering.
Quiogue asked the public to collectively reject “empty solutions” that destroy working systems and create new crime to protect Filipino gamers from the ills of gambling.
