The Philippines sets rules for civil forfeiture of POGO-related assets
The new rules allow authorities to seek the forfeiture of property linked to prohibited offshore gaming without waiting for a criminal case to be filed or concluded.
The Philippines.- The Philippines’ Supreme Court has approved rules establishing how the government can seek the civil forfeiture of assets linked to offshore gaming operators (POGOs) under the Anti-POGO Act of 2025. The Rule on the Civil Forfeiture of POGO-Related Assets will take effect on August 24. It covers buildings, facilities, gaming equipment, materials, proceeds and other property directly or indirectly connected to prohibited offshore gaming activities.
A key provision is that civil forfeiture proceedings are independent of criminal cases. Authorities do not need to obtain a criminal conviction, or even file a criminal charge, before seeking forfeiture.
Government agencies involved in the seizure or investigation of assets can file a petition before the appropriate Regional Trial Court. The court must determine within 24 hours whether there is probable cause. If it finds probable cause, it can order measures to preserve the assets and prevent their transfer, concealment or disposal.
Respondents will have 20 calendar days to oppose the petition. The rules also establish deadlines for the presentation of evidence and the court’s final decision.
The framework includes protections for innocent owners, bona fide purchasers and secured creditors who can show they were unaware of the prohibited activities and did not participate in them. Forfeiture must also be proportionate and limited to assets proven to be connected to prohibited activities. The rules establish that seized gaming equipment generally cannot be destroyed before a final forfeiture judgment, except in urgent public safety cases where a court authorises early destruction under specific safeguards.
