Executive Order No. 13




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 13, February 02, 2017 ] STRENGTHENING THE FIGHT AGAINST ILLEGAL GAMBLING AND CLARIFYING THE JURISDICTION AND AUTHORITY OF CONCERNED AGENCIES IN THE REGULATION AND LICENSING OF GAMBLING AND ONLINE GAMING FACILITIES, AND FOR OTHER PURPOSES WHEREAS, the State condemns the existence of illegal gambling activities as a widespread social menace and source of corruption, as it has become an influential factor in an individual's disregard for the value of dignified work, perseverance and thrift WHEREAS, Presidentia Decree (PO) No 1602 (s 1978) defines illegal gambling activities and imposes penalties upon persons who take part in and knowingly permit illegal and unauthonzed forms of gambling; WHEREAS, PO No . 1869 (s .1983) as amended , granted the Philippine Amusement and Gaming Corporation (PAGCOR) the privilege and right to operate and license gambling casinos, gaming clubs and other similar recreation or amusement places and gaming pools, whether on land or sea , within the territorial jurisdiction of the Philippines, while providmg that its regulatory authority shall not extend to those authorized, licensed and regulated by, in, and under existing franchises or other regulatory bodies, special laws, and local government units; WHEREAS, Republic Act (RA) No. 7922 created the Cagayan Economic Zone Authority (CEZA) to manage and operate the Cagayan Special Economic Zone and Free Port and authorizes it to operate on its own . either directly or through a subsidiary entity , or license to others, tourism-related activities, including games and amusements such as gambling casinos; WHEREAS, RA No. 9490 , as amended by RA No. 10083, created the Aurora Pacific Economic Zone and Freeport Authority (APECO) to manage and operate the Aurora Pacific Economic Zone and Freeport, and authorized it to operate on its own , either directly or through a subsidiary entity , or concession or license to others, tourismrelated activities, including games and amusements such as casinos and online game facilities; WHEREAS, RA No. 9728 created the Authonty of the Freeport Area of Bataan (AFAB) to manage and operate the Freeport Area of Bataan , and authorized it t o operate on its own , either directly or through a license to other tourism-related activities, including games, amusements, recreational and sports facilities, subject to the approval and supervision of the PAGCOR. WHEREAS, confusion with regard to the Jurisdiction and scope of authority of the different gambling regulators contributes to the proliferation of illegal gambling and gaming; WHEREAS, clarifying the extent of authority of gambling regulators, particularly with regard to online gambling , will not only facilitate the detection and suppression of unauthorized gambling activities, but will also help ensure that gambling regulators act within the bounds of their respective mandates , as well as strengthen the efforts of the National Government to monitor and collect revenues from legitimate gambling activities; WHEREAS, Section 17 of Article VII of the 1987 Constitution states that the President shall have control over all executive departments, and shall ensure that the laws are faithfully executed; NOW , THEREFORE , I, RODRIGO ROA DUTERTE, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do here by order: Section 1. Law Enforcement and Government Agencies to Curb Illegal Gambling. The Philippine National Police (PNP), the National Bureau of Investigation (NBI) and other law enforcement agencies are hereby ordered to intensify the fight against illegal gambling, in coordination with concerned agencies such as the Department of Justice (DOJ), Department of the Interior and Local Government (DILG), and the Department of Information and Communications Technology (DICT). The same law enforcement agencies are further directed to coordinate and promptly act on requests of gambling regulatory authorities to investigate and put a stop to illegal gambling activities in their respective jurisdictions. Section 2. Illegal Gambling Defined. Pursuant to existing laws," illegal gambling" is committed by any person who, in any manner, shall directly or indirectly take part in any game scheme, regardless of whether winning thereat is dependent upon chance or skill or both, wherein wagers consisting of money, articles of value or representative of value are at stake or made, when such game scheme is not authorized or licensed by the government agency duly empowered by law or its charter to license or authorize the conduct of such games, or is conducted in a manner that violates the terms and conditions duly prescribed by the said government agency. All gambling activities, and activities and services directly or indirectly related to or in support of such gambling activities, conducted beyond the territorial jurisdiction of the government authority which issued the license therefor, shall be dealt with as illegal gambling. Section 3. Clarification on Online Gambling. No duly licensed online gambling operator, or provider of activities and services related to or in support of online gambling activities , shall directly or indirectly allow persons who are physically located out side the territorial jurisdiction of the licensing authority to place bets, or in any way participate, in the games conducted by such operator, whether through an online portal or similar means.ℒαwρhi৷ Nothing herein, however, shall prohibit the duly licensed online gambling operator from allowing the participation of persons physically located outside Philippine territory . The license to operate online gambling granted to qualified operators shall not be assigned, shared, leased, transferred, sold or encumbered to any other party. Any gambling operator desiring to operate outside the jurisdiction of the government authority whicch issued its existrng license shall apply for a separate license with the appropriate authority. Section 4. Oversight Function. The Office of the President, through its duly authorized representative, shall exercise oversight in the Implementation of this Order As may be necessary, such representative shall , in coordination with relevant agencies, recommend to the President the issuance of rules, regulations and directives for the suppression of illegal gambling and the improvement of government efforts to raise revenue from legitimate gambling activities. All government agencies and authorities such as PAGCOR, CEZA, AFAB, APECO, Bureau of Internal Revenue, Bureau of Immigration, Bureau of Customs, Anti Money Laundering Council, DILG, DICT, and Philippine Economic Zone Authority, are hereby directed to fully cooperate with and tend their assistance to the Office of the President or its duly authorized representative in the performance of the tasks and functions herein provided . Section 5. Reporting Requirement. PAGCOR, CEZA, AFAB, APECO and other similar regulatory entities, in coordination with the relevant law enforcement agencies, shall submit to the Office of the President, through the authorized representative mentioned in Section 4 above, a consolidated report on the progress of the fight against Illegal gambling in their respective jurisdictions, within six (6) months from the effective date of this Order and every six (6) months thereafter. Section 6. Funding. The amounts necessary to carry out the provisions of this Order shall be taken from available appropriations in the CY 2017 General Appropriations Act of the concerned agencies , subject to applicable budgetary rules and regulations. Thereafter, appropriations for the implementation of this Order shall be incorporated in the regular budget of the concerned agencies. Section 7. Repeal. All executive orders, rules and regulations and other issuances or parts thereof which are inconsistent with this Executive Order, are hereby revoked, amended, or modified accordingly. Section 8. Separability. If any provisron of this Executive Order is declared invalid or unconstitutional, the other provisions not affected there by shall remain valid and subsisting. Section 9. Effectvity. This Executive Order shall take effect rmmediately upon its publication in a newspaper of general circutatron . DONE, in the City of Manila, this 2nd day of February in the year of Our Lord, Two Thousand and Seventeen. (SGD.) RODRIGO ROA DUTERTE By the President: (SGD.) SALVADOR C. MEDIALDEA Executive Secretary The Lawphil Project - Arellano Law Foundation