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Friday, January 10, 2025

Post-POGO clean-up

With Philippine Offshore Gaming Operators (POGOs) officially banned by the end of December 2024, the government can now focus on the clean-up of the mess they’ve left behind.

POGOs were ordered closed by President Ferdinand Marcos Jr. by Dec. 31, citing their involvement in criminal activities such as scamming, human trafficking, extortion, kidnapping, and murder.

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The first order of business this month is actually two-pronged: the seizure of POGO assets and the purge of fraudulent birth records, with the Office of the Solicitor General playing a key role.

The OSG’s post-POGO responsibilities would include taking possession of properties the POGOs have illegally acquired. As of now, the agency has no definite figures on the aggregate value of the POGO assets, as this can be determined only after taking actual control of these properties.

The OSG will have to promptly review the documents provided to assess potential legal actions against Chinese nationals accused of fraudulently acquiring properties in the Philippines.

After reviewing the files the OSG would coordinate with other government agencies to gather further evidence and build the cases.

The appropriate legal actions against properties illegally acquired by POGOs could include civil forfeiture, reversion, and escheat.

Bottom of FormCivil forfeiture, governed by the Anti-Money Laundering Act of 2001, allows the government to seize money or property tied to illegal activities without requiring a criminal conviction.

Reversion refers to the return of illegally acquired property to the state, while escheatment involves transferring property to the government when there are no heirs or when the property is abandoned.

At the same time, the OSG will initiate proceedings to cancel fraudulent birth certificates issued to foreign nationals.

The House of Representatives, which investigated offshore gaming activities, has already moved to approve a measure to expedite the cancellation of fraudulent birth certificates issued to foreign nationals through House Bill No. 11117 or the proposed fraudulent birth certificate cancellation law.

Thousands of foreign nationals, particularly Chinese citizens, managed to obtain false Philippine birth certificates to acquire official documents.

These documents enabled them to engage in activities restricted to Filipino nationals, such as purchasing land, starting businesses, and even running for public office.

In July last year, the National Bureau of Investigation revealed that it had uncovered close to 200 falsified birth certificates issued to Chinese nationals between 2018 and 2019 by the civil registry of a single town, referring to Santa Cruz, Davao del Sur.

Now is the time for the government to show that it is determined to put the POGO nightmare behind us, and to find other ways to boost economic growth.

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