Leaders of the quad-committee filing the two bills penalizing extrajudicial killings (EJKs) and institutionalizing the ban on Philippine Offshore Gaming Operators (POGOs) (PPAB)

Amid criticisms that their ongoing probe is not primarily in aid of legislation, leaders of the quad-committee (quad-comm) filed two measures in the House of Representatives aimed at classifying extrajudicial killings (EJKs) as “heinous crimes”, as well as to institutionalize the nationwide ban on Philippine Offshore Gaming Operators (POGOs).

The quad-comm’s co-chairmen Reps. Robert Ace Barbers (Surigao del Sur 2nd district), Bienvenido “Benny” Abante (Manila 6th district), Dan Fernandez (Santa Rosa City lone district), and Stephen Joseph “Caraps” Paduano (Abang Lingkod Party-list) led the filing of the bills on Friday morning, Oct. 11, or just before the official start of the “season two” of the panel’s investigation.

The four quad-comm leaders were joined by Senior Deputy Speaker Aurelio “Dong” Gonzales Jr. and Deputy Speaker David “Jay-jay” Suarez.

The lawmakers filed House Bill (HB) No. 10986, or the Anti-Extrajudicial Killing Act. It seeks to prescribe severe penalties for the action of committing EJKs.

The measure is based on the findings and recommendations of the quad-comm, which has been investigating EJKs linked to the bloody war on drugs under the Duterte administration.

“Extrajudicial killing or the killing of individuals without judicial proceedings or legal authority, poses a grave threat to the rule of law, democracy and the protection of human rights,” the bill read.

“These acts bypass established judicial procedures, undermining public trust in the justice system and violating the basic rights to life and due process guaranteed by the Constitution,” it added.

HB No. 10896 stated that the lack of accountability for such crimes has created a “culture of impunity” in the country, where perpetrators have seemingly acted without fear of legal consequences.

Under the measure, EJKs will be classified as “heinous crimes”. This essentially means that those convicted may face severe penalties, including life imprisonment or reclusion perpetua without the possibility of parole.

In particular, it describes EJKs as unlawful killings carried out by state agents or those acting with the acquiescence or tolerance of state authorities.

“It may be committed by a public officer, person in authority, agent of a person in authority, or any person who is acting under the actual or apparent authority of the State,” the bill read.

The bill outlines that any state agent found guilty of committing an EJK, or any person acting under the actual or apparent authority of the government, will face life imprisonment.

In cases where private individuals are involved but are proven to have acted under the direction of state agents, they shall also face the same penalty.

“By adopting this measure, the State not only seeks to provide justice for victims and their families but also to send a clear message that all acts of violence outside legal processes will not be tolerated,” the measure said.

Also included in the bill, is the provision of reparations for the families of EJK victims through the establishment of an Extrajudicial Killing Claims Board as a “form of acknowledgment of the injustices they have suffered”.

Ban on POGOs

Aside from EJKs, the quad-comm is also investigating the wide-ranging network of crimes involving illegal POGOs.

With this, the congressmen leading the mega-panel have also filed HB No. 10987, or the Anti-Offshore Gaming Operators Act.

The proposed measure, which reinforces an earlier directive of President Marcos, seeks to prohibit all forms of offshore gaming in the country and impose penalties for violations.

The quad-comm leaders have cited the criminal activities linked to POGO hubs that were uncovered following law enforcement raids. 

“Several raids conducted by law enforcement agencies on illegal POGO hubs reveal cases of kidnapping, illegal detention, human trafficking, prostitution, and torture,” the lawmakers said in the bill.

“Further, the authorities suspect that illegal POGOs are likewise involved in cybercrime, investment scam, money laundering, tax evasion and other fraudulent practices,” they added.

HB No. 10987 stressed the growing national security concerns related to such facilities as the Department of National Defense (DND) has reported that some hubs are being used by international criminal syndicates.

Recently, dismissed Bamban, Tarlac Mayor Alice Guo—who is being linked to POGOs—is even alleged to be a Chinese spy.

The bill also stated that there are limited economic benefits to POGOs, with investments in such contributing 0.2 percent to the country’s gross domestic product (GDP) in 2023.

Several experts have insisted that the social and security costs related to these facilities far outweigh their economic benefits.

“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.

Under the proposed measure, offenders could face prison sentences ranging from four to 10 years and fines reaching up to P10 million for repeat offenses.

Furthermore, foreign employees of POGOs would face immediate deportation. 

Government officials involved in facilitating the illegal operations, on the other hand, would be dismissed from service and have their benefits forfeited.

“It is necessary to enact a law to ensure that anti-POGO measures are institutionalized, thus, this proposed measure,” HB No. 10987 read.

If the bill breezes through approval, it would mandate the closure of all POGO activities by Dec. 31 of this year. It would also ensure that all these companies settle their unpaid taxes before ceasing operations.