The Supreme Court has junked the consolidated petitions filed by several groups and individuals seeking a temporary restraining order against the Philippine Amusement and Gaming Corporation from implementing the rules and regulations for Philippine Offshore Gaming Operations (RR-POGO) approved by its board in 2016.
In a 15-page en banc decision, the SC through Associate Justice Jhosep Lopez ruled that the petitioners—Union for National Development and Good Governance Philippines (Unilad), Anti-Trapo Movement of the Philippines, Inc. and lawyer Jovencio Evangelista—failed to observe the doctrine of hierarchy of courts and to establish the transcendental importance of the issues raised in the case to warrant judicial review.
The SC noted that the petitioners have no legal standing to file the petition since they have not shown any direct and personal interests in the enforcement of the RR-POGO.
The RR-POGO outlines the procedure for the licensing, accreditation, and registration of offshore gaming operators, offshore gaming agents, and other auxiliary service providers.
The petitioners also failed to show that they have sustained or are in danger of sustaining direct injury as a result of its implementation.
The tribunal stressed that the parties with a more direct and personal interest in the issue are the offshore gaming operators and other auxiliaries. However, none of them joined as petitioners in the petitions.
“Verily, the supposed transcendental importance of the questions raised in the case was not sufficiently established,” the SC stressed.
“With regard to their prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction, petitioners failed to show that there was an invasion of a clear material and substantial right, or an urgent and paramount necessity to prevent serious damage. Consequently, their prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction is denied,” it said.
In the consolidated petitions, the petitioners argued that the RR- POGO is unconstitutional because PAGCOR has no authority to operate and regulate online or offshore gaming operations.
Thus, they pleaded to the SC to strike down the RR-POGO for being unconstitutional and that PAGCOR be permanently enjoined from implementing its provisions.
PAGCOR is a government-owned and controlled corporation initially created by Presidential Decree (P.D.) No. 1067-A on January 1, 1967.
PAGCOR was tasked to implement the State’s policy of centralizing and integrating all games of chance to be controlled, administered, and supervised by the government and to establish and operate clubs and casinos, sports, gaming pools, and others for amusement and recreation, including games of chance, which may be allowed within the Philippines.
On July 11, 1983, P.D. 1869 was issued consolidating and amending other presidential decrees related to the franchise and powers of Pagcor.
On June 20, 2007, Republic Act (R.A.) No. 9487 was enacted into law, amending Section 10 of P.D. No. 1869 concerning the nature and term of PAGCOR’s franchise.
The law gave PAGCOR the authority not only to operate but also to license gambling casinos, gaming clubs, and other similar recreation and amusement places, except for jai-alai.
The law also required PAGCOR to obtain the consent of the local government unit that has territorial jurisdiction over the area where it chooses to operate.