MANILA, Philippines — The Supreme Court (SC) has approved a fast-track legal mechanism allowing the government to seize and forfeit properties tied to illegal Philippine Offshore Gaming Operator (POGO) activities even without waiting for related criminal cases to be resolved.
The Court En Banc approved the Rule on the Civil Forfeiture of POGO-Related Assets pursuant to Republic Act (RA) 12312, or the Anti-POGO Act of 2025, giving authorities a direct route to strip illegal operators of assets connected to prohibited offshore gaming.
Under the rule, the government may seek forfeiture of buildings, facilities, gaming equipment, proceeds and other property used in or obtained from prohibited POGO activities.
The key difference is that civil forfeiture is separate from criminal prosecution. The government can pursue the property itself regardless of whether a criminal case has been filed, is pending or has already been resolved.
The government, through law enforcement and other concerned agencies represented by the Office of the Solicitor General, may file a civil forfeiture petition before the appropriate Regional Trial Court (RTC).
The RTC must determine within 24 hours whether probable cause exists. If none is found, the petition must be dismissed, and seized property may be released once the dismissal becomes final.
If probable cause is established, the court may order measures to preserve the assets and prevent them from being transferred, concealed, sold or otherwise dissipated while the case is pending.
Each party is given only 30 calendar days to present evidence, while postponements are allowed only in exceptional circumstances such as force majeure, acts of God or the substantiated physical inability of a witness to testify.
The court must issue its judgment within 30 calendar days after acting on the last presenting party’s offer of evidence, sharply limiting opportunities for prolonged litigation.
The government wins the forfeiture case if it proves its claim by a preponderance of evidence—a lower standard than the proof beyond reasonable doubt required in criminal cases.
A forfeiture judgment takes effect immediately. An appeal does not automatically suspend its implementation unless an appellate court orders a stay for compelling reasons.
The rule, however, does not give the government unlimited power over property. It expressly protects innocent owners, buyers in good faith and secured creditors with legitimate claims.
If the respondent proves lawful ownership or possession and establishes that the property is not connected to prohibited POGO activity, the court must order its return, without prejudice to the rights of identified victims.
The rule also gives outsiders a chance to protect legitimate property interests. Forfeiture judgments must be posted for seven days in three public places where the property is located and on the websites of the Supreme Court, the Office of the Court Administrator and the Administrative Oversight Committee.