He pointed out that former Philippine President Duterte had issued an order allowing the now-banned Philippine online gambling operators (POGOs) to operate and expand in the Philippines, an action that "infringes" on the legislative power of Congress.
Lewis Dao stated that Executive Order No. 13 "brought vitality to online gambling, and I do not understand why it had to bypass Congress to establish the legal framework for Philippine Amusement and Gaming Corporation (PAGCOR)."
As a state-owned and controlled corporation that regulates domestic gaming enterprises, PAGCOR was established in 1977 under the Presidential Decree No. 1869 by former President Marcos. Its basic legal framework was revised in 2007 through the Republic Act No. 9487.
Lewis Dao noted that neither of these laws mentioned online gambling. The term first appeared in documents related to the functions of PAGCOR in February 2017 when Duterte signed Executive Order No. 13.
Duterte issued this order to "strengthen the fight against illegal online gambling and to clarify the jurisdiction and authority of relevant agencies in the regulation and licensing of gambling and online gambling."
Lewis Dao specifically pointed out a part of the executive order, which states that "there is no (law or regulation) prohibiting duly licensed online gambling companies from accepting players outside the Philippines."
PAGCOR Chairman Tengco previously stated in a committee hearing that Executive Order No. 13 is the "real foundation" for regulating online gambling companies.
On Wednesday, Lewis Dao said: "There is a principle in law: when the law does not provide, we should not provide. When the law does not include (it), we should not include (it). If the statutory law establishing PAGCOR did not provide for online gambling, then there should not be an executive order providing for it."
She added: "I only raise the following view, that when the current president issued Executive Order No. 13, he legislated, he amended, he repealed laws, which is an act that violates the basic principle of separation of powers."
Lewis Dao discussed the executive order with one of the invited resource persons, Duterte's former spokesperson Roque, who was once a lawyer and asked him: "Don't you think the president infringed on the powers of Congress by issuing Executive Order No. 13?"
Roque responded, "Although that is not my expertise, I will offer my honest opinion that generally, executive orders and legislative actions are presumed to be constitutional unless proven otherwise."
Roque added: "So the nature of Executive Order No. 13, unless challenged in court, is to be presumed constitutional."
The day before the hearing, Roque and 11 others were placed on an immigration watch list due to a risk of flight.
