Duterte’s alleged encroachment on Congressional power revealed in POGO probe 

A probe into the operations of Philippine Offshore Gaming Operators (POGOs) has unearthed allegations that former Philippine President Rodrigo Duterte may have overstepped his executive powers, encroaching on the legislative authority of Congress.  

During a in the House of Representatives, Batangas Rep. Gerville Luistro highlighted concerns that Duterte’s Executive Order (EO) No. 13, which termed online gaming and allowed POGOs to flourish in the country, constituted a legislative act—something exclusively within the purview of Congress.  Luistro pointed out that EO No. 13 was the first instance where the term “online gaming” was officially mentioned in a presidential order, a term not found in the existing legal framework established by Presidential Decree No. 1869 and Republic Act No. 9487, which extended the franchise of the Philippine Amusement and Gaming Corporation (PAGCOR). “The term ‘online gaming’ was never mentioned in PD 1869 as well as in RA 9487,” she noted, raising concerns that the executive branch might have encroached upon the legislative powers of Congress. 

Roque on Duterte’s actions 

Atty. Harry Roque, who served as Duterte’s spokesperson, was called upon to provide his perspective. Roque, however, explained that his role as spokesperson was primarily to communicate the President’s decisions to the public, not to challenge them. “I could not actually countermand him. I could not correct him. He is my principal,” Roque emphasised, clarifying that his position did not entail influencing the President’s legal decisions. 

When asked if he believed that Duterte’s EO No. 13 overstepped the bounds of executive authority, Roque maintained that all executive issuances are presumed constitutional unless successfully challenged in court.   “Under our scheme of things, executive issuances, [and] legislative enactments are all presumed to be constitutional unless proven otherwise,” he stated. This position underscores the presumption of legality that typically accompanies executive orders, leaving their constitutionality to be determined by judicial review. 

The principle of separation of powers 

Luistro further argued that Duterte’s EO No. 13 might have violated the separation of powers by effectively creating a new law — an action that constitutionally belongs to Congress. “When the [former] President issued Executive Order No. 13, it is the humble submission of this representation, he legislated, he amended, he repealed the law, an act which violates the fundamental principle of separation of power,” she asserted, highlighting the potential constitutional conflict arising from the executive order. 

EO No. 13 under scrutiny 

Executive Order No. 13, issued during Duterte’s presidency, aimed to clarify the regulation of online gaming in the Philippines, an industry that has since become both economically significant and controversial. The order expanded the oversight functions of the Office of the President to include online gaming, a move that critics argue circumvented existing laws governing PAGCOR’s authority.  Luistro’s critique of EO No. 13 centred on the idea that it introduced new regulatory measures without the explicit approval of Congress, thereby undermining the legislative process. She reiterated that procedural laws should always defer to substantive laws, emphasising that the executive branch should not unilaterally extend its regulatory reach without legislative backing. 

Duterte’s possible connection with POGOs 

Last month, Senator Risa Hontiveros cast doubt on Duterte’s ties to POGOs. Hontiveros highlighted the possibility of a deeper connection between Duterte and POGOs, pointing out that Michael Yang, Duterte’s former adviser, might have links to several POGO companies. 

POGO ban in effect

In July, President Ferdinand Marcos Jr. ordered the total ban of POGOs in the country. He instructed PAGCOR to wind down and cease operations of all POGOs, legal and illegal, by the end of the year. 

Marcos’ decision came after many high-profile cases and investigations linked to POGOs have come to light. The operations of POGOs in the Philippines are linked to crimes such as human trafficking, forcible abduction, homicide, illegal detention, kidnap-for-ransom, theft, and robbery-extortion.