Professional Documents
Culture Documents
11-2571 PET
Changing the Play of the Game: The Necessity to Reform the Philippine Amusement
and Gaming Corporation (PAGCOR)
I. Introduction
The purpose of this paper is to examine the necessity of the matter given the
present standing of the state-owned enterprise to which the national government is
presently operating at a considerable loss. It shall denote that present challenges
being faced upon PAGCOR, given that its own financial interests are seemingly
prioritized, rather than on regulating the industry as seen by their counterparts in
Las Vegas and Macau. And it shall seek to explain the political framework
surrounding the enterprise; thereby reforms must be undertaken in correcting its
overlapping powers and functions.
It is denoted that the gaming industry in the Philippines has relative minimal
data on the premise that the industry has long been dominated by a single
enterprise, namely PAGCOR, since its inception in 1976. The paper shall not deviate
in discussing other forms of gambling including the lottery sweepstakes and other
legal gaming enterprises, as it is not part of the regulatory aspect of the said agency.
It shall primarily be focused on the institution, its legal functions and given powers
and its financial capacity to sustain itself within the gaming industry, while
competing with foreign and local casino operators.
Magdaluyo and several Philippine and American partners operated the first
casino within the Olympus Hotel located at Incheon in South Korea with the
financial support of Korean entrepreneurs in 1950, with two additional casino
operations in Walker Hill, the largest casino resort complex built on the hillside of
the Yalu River spanning 150 acres of land, including four hotels, eighteen cottages,
several skiing grounds, swimming pools and other-high facilities. After constant
training and development by the Magdaluyo consortium, the Koreans evicted the
Philippine-American gaming entrepreneurs. By 1968, under the guidance and tacit
support of President Park Chung Hee, the Korean gaming industry with the building
of multi-million dollar development projects notably the Casino Pusan in Busan, the
second-largest metropolis in 1978, through the inception of the Paradise Company
Limited that was granted a monopoly over Korean casino operations targeted to
foreign high-rollers, as the local Korean population were restricted from entering
into casinos until its subsequent lifting in 2000. After his forceful exit from Korea,
the Magdaluyo group ventured into entering other Asian markets including
Bangladesh and Nepal that necessitated foreign capital after decades of political
instability in their respective regions and provided luxurious cruise liners with
gaming operations that were opened once reaching international waters along
Pattaya, the famous resort island in Thailand (Gica, 2000, pp. 12-16).
With the eviction of the Magdaluyos and other gaming entrepreneurs from
the gaming industry, President Marcos consolidated the existing casinos and
legalized their operations through its nationalization. Presidential Decree Nos.
1067-A, B and C issued on the 1st of September 1977 that created the Philippine
Amusement and Gaming Corporation (PAGCOR) as the national gaming regulator in
the Philippines. The Marcos government further expanded the powers and
privileges of PAGCOR through the passage of several presidential decrees, four
executive orders and one letter of instruction namely:
As stated earlier presidential decree, President Marcos appointed the first board of
directors in 1977, composed of known political and business allies including: Ruben
Ancheta, Constante Fariñas, Roberto Sabido, Manuel Lazaro and Edward T. Marcelo.
Amongst the primary resolutions passed by the newly instituted board is the
outsourcing of the casino management operations to the Philippine Casino
Operators Corporation (PCOC), a letter-box holding company created to facilitate
the hiring of Macanese-based casino managers from the STDM Group under the
supervision of Paulo Ho, that were given lofty shares of the tips, added to their basic
salaries and with the bonus of receiving Philippine citizenship for the employment.
With the approval of the PAGCOR Board, PCOC acquired the Manila Bay Enterprises,
Inc. (MBEI; later renamed as the Presidential Special Services Corporation (PSSC))
and the Provident International Resources Corporation (PIRC) to provide the
manpower, equipment and gaming premises in the operation of the PAGCOR casinos
located at their present locations in Parañaque City, Cebu and Pampanga (Angeles
and Clark). Edward Marcelo, a board member of PAGCOR and known subordinate of
President Marcos, held financial interests in PCOC and the PIRC being one of the
main incorporators in the said firms. Security for the PAGCOR-licensed casinos was
provided for by the National Intelligence Service Agency (NISA) and the Presidential
Security Group (PSG) through the hiring of 200 personnel being assigned to bestow
a blanket security to the government-owned casinos. Employees were placed under
strict surveillance and worked with reactively low wages and no day-offs including
regular holidays that further deteriorated their own long-term productivity (Gica,
2000, pp. 19-23).
IV. The Decline of PAGCOR and the Closing of the Casino Operations
Upon the conclusion of the People Power Revolution on the 25th of February
1986 that toppled the Marcos regime, the interim government of President Corazon
Aquino, the widow of the slain opposition leader, reshuffled the management of
PAGCOR with the purpose of instituting reforms that shall oversee to the eventual
closure of its own casino operations in the long run. The internal reshuffle of
functions were placed through: the changing of the depository agent assigned to
manage the management revenues formerly held in a private bank owned by the
business associates of the deposed President, sequestration of assets and liabilities
incurred by the previous PAGCOR Board and their subsidiaries, PCOC and PSCC,
internal auditing of all withheld properties and licensed franchises held in various
hotels, resorts and gaming pools and clubs and the subsequent sacking and
prosecution of the erring officials including the Macanese managers and consultants
hired by the PCOC. Placed to manage the restructuring of the gaming regulator were
Norberto Quisumbing, Jr. as its chairman and the following as respective board
members: Magno Abrigo as vice-chairman and general manager of all provincial
operations and security; Carmelo Lazatin as manager of the Manila operations and
Alberto Antonio as manager of the treasury and accounting offices of PAGCOR (Gica,
2000, pp. 25-29).
Amongst the reforms spearheaded by the New PAGCOR was the sacking of
the entire Macanese management under Paulo Ho, on the basis of restoring the
retrenched Philippine staff that were placed under dire constrains in their previous
management. The internal reforms within the PAGCOR were encouraged by the
Casino Labor Association (CALAS), the casino employees’ labor union noting the
increased discontent with the working conditions under the previous Macanese
management, but several employees seeing that internal reforms were relatively
sluggish, considered planning industrial action in an effort to hasten the progress of
these reforms. As noted from the earlier statement, casino employees were not
informed of their working rights and privileges in their workplace, noticeably on
their benefits accorded upon by their memberships in the Social Security System
and the Home Development Mutual Fund (Pag-IBIG Fund). Other indirect
stakeholders affected by the internal reforms, were the entries to the casinos
ranging from the compulsive gamblers to the high-stake rollers, protesting the
stricter implementation of the rules and regulations on the gaming floors and
grumbled on the slow card dealing that resulted to several incidents of abuse
committed towards the casino staff (Gica, 2000, pp. 25-28).
The growth of frustrations leading to the eventual backlash from the casino
employees and their customers compelled the New PAGCOR Board to consider
implementing their end goal as their main directive, shutting down all legal casino
operations in the Philippines on the 12th of July 1986. The closure of the casinos
increased tensions between the New PAGCOR Board and CALAS with massive
demonstrations by employees in their interim offices in Manila, and subsequently in
Mandaluyong, picketing in front of their offices. In the process, the shutdown of the
PAGCOR casinos effectively split the board into two distinct factions: the legalists
and the pragmatists. The legalists headed by the PAGCOR Chairman Quisumbing, a
trained lawyer argued for the casinos to be legally repossessed by the state
involving a long and tedious legal tussle that entailed incremental costs to detriment
of the national government, while the pragmatists under Board Member Abrigo,
noted the fiscal incapacities of the cash-strapped government urged the immediate
opening of the casinos and employing the recently retrenched staff members. The
factions later reconciled and reached a consensus that the casinos would be
reopened, on the condition that a labor dispute between PAGCOR and CALAS
resolved amicably to hasten the reviving of the gaming operations, in earnest. The
Board represented by Abrigo, finalized a legal settlement with CALAS, ending with
the eventual rehiring of former casino employees that shall handle the operations of
the casinos. Unperturbed, the Board later decided to open tenders for the casino
managerial operations to other interested parties in the hotel management industry
that was eventually awarded to the Manila Hilton (present-day Manila Pavilion
Hotel) and the Silahis International Hotel at knockdown prices, that ended the
government subcontract with the PIRC (Gica, 2000, pp. 33-39).
With the reopening of the casinos on the 15th of July 1986, the national
government started continued the strengthening of the regulatory capacities of
PAGCOR through its internal reforms and the infusion of capital to entice the hiring
of professionals and employees to promote transparency and proper working ethics
in the management of the casinos. Noticing the initial fallout from the interim
PAGCOR Board, President Aquino obliged the directors of the interim PAGCOR
Board to tender their courtesy resignations and installed a technocratic managerial
board to facilitate and fast-track the internal reforms started by the previous
directors (Gica, 2000, pp. 43-55). In January 1987, Alicia Reyes, a former banker was
appointed as the chairman of the PAGCOR. Under her leadership, the PAGCOR Board
curtailed the tax-exemption privileges accorded under the previous PAGCOR charter
and imposed import duties on imported equipments, curtailed the purchase of
luxury vehicles that were normally rented out for high-risk gamblers, paid income
and corporate taxes on their gaming revenues and remitted of its percentage share
of the gaming revenues to the National Treasury as stipulated in the charter. The
Board also imposed an entrance fee of PHP100 on its own enterprises prior to use of
the gaming area that initially was riled in opposition to the measure, later resigned
to its imposition. In addition to the entrance fee, the PAGCOR Board wholly
transmitted its gross net revenues to the Presidential Social Fund (PSF), whereas
the state regulator subtracted from the operational costs from the stated revenues
(Gica, 2000, pp. 57-59).
Internal controls amongst the PAGCOR personnel were placed to prevent sexual
harassment of employees and terminated illicit affairs amongst the staff members
within the corporation. Modernization started in earnest with the procurement of
electronic devices particularly closed-circuit television cameras (CCTVS) on the
gaming floor to properly conduct surveillance operations on possible cases of
misconduct of the staff members and players suspected of cheating the casino. To
restrain possible influencing from criminal syndicates and political corruption,
equitable wages and benefits were granted to PAGCOR employees that matched the
normal wages by their competitors in other casinos in Southeast Asia. A strict
implementation of the PAGCOR Charter barred the entrance of all national
government officials particularly military and police officials from entering any
casino premises, under Presidential Decree No. 1869-B. The legal gambling age is
pegged at 21, with a further exclusion of all students presently enrolled towards the
tertiary level in the Philippines from the premises. Media dissemination in their
flagship “Casino Filipino” commercials in the national press and the quarterly
publishing of its financial reports by the Commission on Audit (COA) rehabilitated
the image of PAGCOR and became an alternative destination for gaming tourism in
Southeast Asia in the 1990’s (Gica, 2000, pp. 59-60).
Citing the government failure in the internal reforms instituted by the previous
Reyes-led Board of 1987 in the Philippine Amusement and Gaming Corporation
(PAGCOR) noted in the notable cases of financial impropriety, politicking by
government officials leading to instances of political graft and corruption and the
controversial disbursement in the allocation of public funds has increased the
necessity to reform the roles, functions and regulations of PAGCOR. In an earlier
discussion paper written by noted economist Solita Monsod denoted that PAGCOR,
being a hybrid of both the regulatory and corporate framework provides avenues of
conflicting interests in the constant political shifting of its charter (Monsod, 1985).
Therefore, a proper revising of the present charter of PAGCOR is required to
standardize its functions as a solely regulatory body that is apolitical in nature. In
the amending of Presidential Decree No. 1067, as amended by Presidential Decree
No. 1869, including the stringent penalties for barring government officials and its
enforcement. In addition, nepotism as seen in the case of the Genuinos, must be
curtailed through an internal memorandum order, barring the appointment of
PAGCOR officials towards the fourth degree of affinity. Because of the economic
viability of the Philippine gaming industry as noted in its national revenues, the
regulatory body that replace the functions of PAGCOR should be placed under the
helm of the Department of Finance (DOF) from the present supervision of the Office
of the President, as in case of the Bureau of Customs and the Bureau of Internal
Revenue meeting an annual quota for its target collection of revenues that can
provide a broaden outlook of setting substantial solutions in curbing corrupt
practices within the gaming regulator. Political reforms in PAGCOR, requires
reaching a consensus agreed upon by public policymakers including furthering their
implementing powers, in order to oversee the industry and fine tuning its legal
parameters by updating its present legislation (Monsod, 1985).
Being a solely as regulatory arm of the national government, what are the
possible avenues for the privatization of its own casino operations? Two concrete
alternative solutions can be adopted by the national government of the Philippines
for the thriving gaming industry, notably of Macau, that fully liberalized their
market by eliminating its long-standing monopoly and Singapore that legalized the
casino operations but restricted its gaming licenses to several concessionaires. Both
states have since displaced their Western counterparts in the global market share.
This can be provide suitable development approach for the niche Philippine gaming
industry that is projected to become a significant gaming area by 2015.
At the moment, the Philippines is challenging the gaming hubs of Macau and
Singapore through its own gaming initiatives with the support of the public and
private sectors. Under the direct supervision of PAGCOR, the “Entertainment City”
project presently being built on reclaimed land areas of the Manila Bay has become
the main attraction for the gaming industry that seeks to displace their Asian
counterparts in the region. Since 2002, the project has been designated as a free
economic zone (FEZ) by the Philippine Economic Zone Authority (PEZA), providing
the needed structural framework to tolerate foreign direct investments to flourish
in the Bay area, noting the present constitutional restrictions on foreign ownership
of land. The licensed consortiums permitted to operate in the zone are: Solaire
Resort & Casino (Bloombery Resorts), City of Dreams Manila (Melco Corporation
and SM Prime Holdings), Resorts World Bayshore (Genting Group and AGI) and
Manila Bay Resorts (Azure Holdings). These consortiums underwent a public
tendering for their gaming licenses through bidding war amongst foreign and
domestic gaming entrepreneurs given the limited quantity of the licenses. The
Philippine gaming hub has increased the global outlook on the gaming industry that
stands at US$1.2 billion by 2015, as the stated entities shall finish completion of
their construction projects by 2017, irrespective of the constant legal delays
(Pricewaterhouse Coopers, 2011).
The Entertainment City project, notes the shift of roles of PAGCOR from
providing the service of entertainment towards a more regulatory approach. Adding
to this conclusion is the closure of several Casino Filipino chains that have been
plummeting in their annual revenues. In February 2014, PAGCOR announced the
closure of its premier Airport Casino Filipino, generating total net revenue of PHP
180 million annually. Regardless of its high-yielding income, present PAGCOR
Chairman Cristino Naguiat, Jr. appointed by President Benigno Aquino III in 2010 to
replace the tumultuous Efraim Genuino, stated in an interview that the operating
expenses in maintaining the state-owned casinos, one of the largest in the
Philippines have peaked at PHP 90 million, discounting the required PHP 23 million
of rental payments to the Manila International Airport Authority (MIAA), the owner
of the casino lot. Deficits incurred by the state-owned casinos have increased with
the population moving to the privately-held casinos in Entertainment City,
compared to the lack luster facilities provided by PAGCOR, though posting a net
profit of PHP 3 billion in 2013, with an increase of PHP 200 million from the
previous year, partly incurred from the collection of direct taxes from the private-
run casinos and their remaining state-owned casinos in the provinces (Remo, 2014).
VII. Conclusion
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2014, from Philippine Daily Inquirer: http://newsinfo.inquirer.net/361597/pagcor-to-
monitor-suspicious-transactions
Gica, I. (2000). Cash, Charity & Controversy. Las Pinas City: Ivan Gica Public Relations.
Gloria, G. (2000). Estrada and Associates Monopolize Gambling. Retrieved August 23, 2014,
from Philippine Center for Investigative Journalism:
http://pcij.org/stories/print/gambling2.html
Monsod, S. (1985). Power and Privilege: The Philippine Amusement and Gaming Corporation.
Quezon City: University of the Philippines School of Economics.
Oplas, N. (2012, June 8). FAT-FREE ECONOMICS: Pagcor privatization and reducing public
debt. Retrieved July 19, 2014, from Interaksyon.com:
http://www.interaksyon.com/business/34177/fat-free-economics-pagcor-privatization-
and-reducing-public-debt
Remo, M. V. (2014, February 26). Pagcor closing down Airport Casino. Retrieved August 23,
2014, from Philippine Daily Inquirer: http://newsinfo.inquirer.net/580703/pagcor-
closing-down-airport-casino