Wednesday, March 07, 2007

The government's campaign against the proliferation of illegal Internet
gambling activities hangs in the balance as a judge in Angeles City today
hears the motion for reconsideration on the quashing of the search warrant
used to raid an alleged illegal Internet gambling operation in a hangar in
Clark Field in Pampanga last year.
The National Bureau of Investigation, on behalf of Philippine Amusement and
Gaming Corp. (Pagcor), raided a hangar leased by British Grand Vision
International Co. and TransGlobal Pacific Airways in November last year
after weeks of surveillance. The NBI team led by special agent lawyer Renato
Murcuap confiscated various casino and online computer gaming paraphernalia,
resulting in the filing of cases against the two firms' employees and
officials. Among those charged were Steve Huang and Edgar Lim. But through
the ensuing months attended by various legal twists and turns, Pagcor and
NBI have found their carefully investigated and documented case under
serious threat, with its cornerstone search warrant being quashed in court
and the government's own city prosecutor in Angeles City issuing a "novel"
finding that Presidential Decree 1602 (anti-illegal gambling law) "does not
punish the crime of Internet gambling." Marcos-era PD 1602 was promulgated
years before the magic of the Internet revolutionized instantaneous,
real-time communication as we know it today. Murcuap and the Pagcor legal
team are strongly arguing their case before the sala of Judge Omar Viola of
the Third Judicial Region's Regional Trial Court Branch 57 in Angeles City.
The motion for reconsideration points out that "the complainant [in this
case Murcuap himself] having registered and posed as online bettor on the
illegal gambling activities which were exposed, and his witness [who trained
and worked as one of the online dealers in the illegal operations] both
[did] have personal knowledge of the facts upon which the search warrant was
issued," and that "illegal gambling was committed by the respondents." The
Angeles City RTC is also clearly told how "all the elements of gambling are
present in the case and that all the respondents are guilty of illegal
gambling as the operation of the online casino games are not licensed." It
is further pointed out that "while there are no live players, there are real
and actual players of the online casino game being operated by the
respondent in the Philippines. The actual gambling done by Murcuap in the
course of investigation proves this." And it now undeniably stands as the
gateway legislation that, if properly upheld, could help regulate the
onslaught of widespread, illegal gambling.