DOJ: Executive order needed for 'no casino' policy on Boracay



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DOJ: Executive order needed for 'no casino' policy on Boracay

MANILA, Philippines- The Department of Justice on Thursday recommended the President of the Department of Tourism Rodrigo Duterte to issue an executive order for the no-casino policy on Boracay Island.

In a recommendation letter on October 8, Justice Secretary Menardo Guevarra said Duterte has the authority to limit casino operations on the island, which is set to reopen to local and foreign tourists on Friday.

"Based on a review of the applicable law and jurisprudence, this department is of the opinion that the issuance of an EO would be the most expedient and effective means of implementing a casino policy in Boracay," letter read.

"The state possesses police power to prohibit gambling in the Philippines, or to be a member of the PAGCOR (Philippine Amusement and Gaming Corporation), a government corporation, which is the subject to control by the President, He added.

'Toast the morals of the people'

Guevarra said that the state is also allowed to impose restrictions on gambling which is an "exercise of police power in order to protect the morals of the people, promote the public welfare, and protect public interest."

Bernadette Romulo-Puyat wrote a letter to the department requesting the recommendation for the implementation of Duterte's no-casino policy on Boracay. Puyat's letter was sent on September 14.

In her letter, Puyat stressed that Duterte repeatedly made it known that he wishes to implement a no-casino policy in Boracay. This is because the presence of casinos in the island does not mix well with family and beach tourism.

However, it seems that the three establishments are already operating as casinos on the island. They are also in possession of provisional licenses.

Due to this, the DOT presented options for the implementation of the no-casino policy. These include withholding of accreditation, president's issuance of directives to PAGCOR and DILG for the non-issuance renewal of licenses and the issuance of EO declaring Boracay casino-free zone.

DOJ said "the legislation has validly delegated the establishment and operation of casinos to the PAGCOR."

This is in accordance with Presidential Decree No. 1869 series of 1983 as amended by PAGCOR's charter, title IV section 10 or Grant of Franchise.

"PAGCOR possesses sufficient authority not only to prohibit future casino operations in Boracay but even to revoke the provisional status of the casino operators," the DOJ said.

President can direct PAGCOR via EO

"The president may, by an EO, direct the PAGCOR to prohibit the grant of licenses to casinos in Boracay and cancel existing licenses already granted," it added.

Guevarra reiterated that it shares the opinion that no EO is necessary to implement a no-casino policy on Boracay.

An EO is an act for a president to "provide rules of general or permanent character in implementation."

President of the Secretary of State Christopher Go, Secretary of State Roy Cimatu, President of Acting DILG Eduardo Año, and Presidential Management Staff Undersecretary Ferdinand Cui.

Go has already resigned as SAP to run for senator in 2019.

Galaxy Entertainment Group

A month before the temporary closure of Boracay, PAGCOR signed a provisional license for a Macau-based giant casino Galaxy Entertainment Group's integrated casino-resort project in Boracay Island.

READ: What we know so far: Boracay casino projects stars for 'cesspool' island | To build or not to build: Contradictory statements on Boracay casino plan

This drew controversy to become a "cesspool."

The executives paid a courtesy call at the Malacañan in December last year.

Galaxy chairman Him Che Woo personally puts Duterte to explain his plan to build an entertainment complex in Boracay. Barangay Manoc Manoc.

Despite this, Duterte has not been allowed on Boracay Island.

He reiterated this in August and said that there will be no casinos built from those that already exist.

RELATED: What we know so far: Duterte's 'no new casinos' directive

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