Lawmakers file bills to criminalize EJKs, ban POGOs
MANILA, Philippines — House leaders filed two bills proposing to penalize extrajudicial killings (EJKs) and enforce a nationwide ban on Philippines Offshore Gaming Operators (POGOs) on Friday, October 11.
This comes in response to the quadcom’s findings on the arbitrary killings allegedly carried out by state authorities during the drug war, and the involvement of illegal POGO operations in human trafficking and money laundering.
Rep. Bienvenido Abante (Manila, 6th District), who chairs the human rights committee of the mega-panel, announced in his opening speech that House lawmakers have filed the following bills:
- House Bill 10986 or the Anti-Extrajudicial Killing Act
- House Bill 10987 or the Anti-Offshore Gaming Operations Act
Anti-Extrajudicial Killing Act
This is the first time the 19th Congress has filed a bill that defines and criminalizes EJKs, as well as establishes an Extrajudicial Killing Claims Board to provide reparations and monetary compensation of P250,000 to EJK victims and their families.
Makabayan lawmakers in the lower chamber have only issued resolutions condemning EJKs and calling for investigations.
The bill defines an EJK as “any killing other than that imposed by the State” that is still under the Constitution. It also considers the “deliberate and arbitrary killing of any person not authorized” by a competent court.
A killing is deemed an EJK if it is committed by government officials, state authorities or any personnel acting under their orders.
Should this bill be passed, EJKs will be considered as a “heinous crime” and have a penalty of life imprisonment.
With this bill, lawmakers hope “to restore public confidence in the justice system” and ensure that similar acts of violence committed without legal authorization “will not be tolerated.”
“This bill seeks to explicitly criminalize EJK, ensuring that any individual, regardless of rank or position, who is found guilty of participating in, authorizing, or condoning such acts will face appropriate criminal penalties,” the bill read.
It cited the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and the European Covenant on Civil and Political Rights as the bill’s basis.
Anti-Offshore Gaming Operations Act
As part of the quadcom’s investigation into scam hubs, lawmakers also seek to pass the Anti-Offshore Gaming Operations Act to “prohibit all forms of gaming operations in the country.”
Among the prohibited acts stated in the proposed measure include facilitating offshore gaming in any manner, accepting bets from these hubs and operating as a service provider to meet their material or communication needs.
If enacted, all licenses and franchises of POGO hubs will be revoked, regardless of registration through gaming agencies such as the Philippine Amusement and Gaming Corporation (PAGCOR).
The bill also aims to cancel the visas of foreign workers employed by POGO hubs.
The minimum proposed penalty is four to six years of imprisonment and a fine ranging from P100,000 to P500,000.
For third-time or repeat offenders, the punishment increases to a prison term of eight to 10 years and a fine between P5 million to P10 million pesos.
The bill recognized cases of kidnapping, illegal detention, human trafficking, prostitution and torture found by law enforcement agencies in raided POGO hubs.
In crafting this legislation, lawmakers also considered the potential practice of fraudulent activities committed by international criminal syndicates involved in POGOs, such as cybercrime, tax evasion and money laundering.
“While banning the conduct of POGO and POGO-related activities and services comes with potential economic losses, allowing them to proliferate comes with the long-term and much higher cost to public safety and institutional integrity,” the bill read.
Other suggested legislations
During the seventh public hearing on September 27, quadcom chairperson Rep. Ace Barbers (Surigao del Norte, 2nd District) mentioned several legislative plans the joint committee intends to propose after having discovered the crimes allegedly committed by high-ranking government officials appointed by former President Rodrigo Duterte.
These include amendments to the Cybercrime Prevention Act of 2012, Anti-Money Laundering Act of 2001, Local Government Code of 1991, and Comprehensive Dangerous Drugs Act of 2002 recommending the death penalty.
“Many of those involved have amassed vast amounts of money, which they are now using to continue intimidating the victims, as if an endless evil still prevails and reigns over our nation,” Barbers said in Filipino.
Both the Anti-Extrajudicial Killing Act and the Anti-Offshore Gaming Operations Act were filed by House representatives David “Jay-Jay” Suarez, Aurelio “Dong” Gonzales Jr., Dan Fernandez, Barbers, Joseph Stephen “Caraps” Paduano, Abante, Johnny Pimentel, Romeo Acop, Ramon Gutierrez, Gerville “Jinky” Luistro, Jefferson Khonghun, Francisco Paolo Ortega V, and Jonathan Keith Flores.
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