By Dean Aubrey Caratiquet

Building upon his earlier declaration of banning the operations of Philippine Offshore Gaming Operators (POGOs) during his third State of the Nation Address (SONA) in 2024, President Ferdinand R. Marcos Jr. formally signed into law Republic Act No. 12312 on October 23.

The legislation, also known as the “Anti-POGO Act of 2025,” seeks to repeal Republic Act No. 11590 (an Act taxing Philippine Offshore Gaming Operations), and institutionalize a sweeping interdiction against accredited service providers, gaming content providers, and local gaming agents involved in this scheme that has been linked to crimes such as prostitution and murder.

RA 12312 likewise seeks to prohibit other practices related to POGO operations in the Philippines, such as the registration of companies used to conceal offshore gaming operations, falsification of identification documents and permits, lease of properties, hardware, and software, and human trafficking.

A ban on local and foreign employment for the sustenance of POGO operations is relegated as unlawful and punishable under Republic Act No. 10364 (Expanded Anti-Trafficking in Persons Act of 2012).

Tighter grip against POGO operations

The Anti-POGO Act of 2025, moreover, strips the Philippine Amusement and Gaming Corporation (Pagcor), special economic zone authorities, the Tourism Infrastructure and Enterprise Zone Authority (TIEZA), freeport authorities, and other government agencies of the power to grant permits and licenses necessary for domestic offshore gaming operations, with previously issued ones withdrawn, cancelled, or revoked permanently.

The new law stated, “Any corporation which includes in its purpose any of the prohibited acts under Section 4 is directed to amend its Articles of Incorporation with the Securities and Exchange Commission (SEC) within thirty (30) days from the effectivity of this Act. Otherwise, its Certificate of Registration shall be deemed revoked by the SEС.”

Filipinos and aliens employed by POGOs using their Alien Employment Permits (AEP) and certificates of exemption and exclusions, and any visa or work permit granted by the Department of Labor and Employment (DOLE) and the Bureau of Immigration (BI), respectively, were also stripped of its credibility as a legal document for employment.

These two agencies were also ordered to cease the issuance of these documents for POGO employment purposes, with crimes committed by foreign POGO workers subject to trial prosecution before deportation proceedings take place.

As for affected Filipino workers, the DOLE is mandated to coordinate with the Technical Education and Skills Development Authority (TESDA), Department of Information and Communications Technology (DICT), Department of Trade and Industry (DTI), and the Commission on Higher Education (CHED) to aid in their training and skills development towards re-employment.

Legislative interventions, penalties for offenders

To ensure proper implementation, RA 12312 calls for the creation of an Administrative Oversight Committee (AOC), composed of the Presidential Anti-Organized Crime Commission (PAОСC), Department of Justice (DOJ), Department of the Interior and Local Government (DILG), and the DICT.

Penalties for violations of the provisions of this Act not covered by other laws stipulated in the Anti-POGO Act of 2025 were as follows:

• First offense: imprisonment of not less than six (6) years nor more than eight (8) years and a fine of not less than three hundred thousand pesos (P300,000.00) nor more than fifteen million pesos (P15,000,000.00), at the discretion of the court
• Second offense: imprisonment of not less than eight (8) years and one (1) day nor more than ten (10) years and a fine of not less than fifteen million pesos (P15,000,000.00) nor more than thirty million pesos (P30,000,000.00), at the discretion of the court
• Third offense: imprisonment of not less than ten (10) years and one (1) day nor more than twelve (12) years and a fine of not less than thirty million pesos (P30,000,000.00) nor more than fifty million pesos (P50,000,000.00), at the discretion of the court

The Act stated, “Any person convicted for the violation of any provision of this Act shall not be subject to probation under Presidential Decree No. 968 or the ‘Probation Law of 1976,’ as amended by Republic Act No. 10707.”

Government employees and public officials involved in POGO operations shall be dismissed from service and perpetually disqualified from being elected, appointed, and employed in any government office vis-à-vis forfeiture of retirement benefits on top of penalties provided in the Act.

Infrastructures and facilities, gaming equipment, and other paraphernalia used in this illegal activity shall be forfeited and destroyed by the seizing authority and the government, in accordance with existing laws, rules, and regulations.

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