Wednesday, March 14, 2007

GOING after alleged operators of Internet casinos seemed easy enough for the
National Bureau of Investigation (NBI). But in the real world, where law
enforcement and investigative tasks ought to be conducted "by the book,"
such is one hard thing to do. Here's some background on the NBI's raid and
filing of illegal gambling case against an alleged Internet gambling
operator in Clark Field: Pinoy Votes: Sun.Star Election 2007 Coverage On
September 22 last year, the NBI Special Action Unit received a letter from
the Philippine Amusement and Gaming Corp. requesting for an investigation, a
suspected Internet gambling operation in Clark Field. The request prompted
the NBI to conduct surveillance operations on operators of the alleged
Internet casino. On October 17 last year, NBI agents were able to secure a
search warrant from Regional Trial Court Branch 57 Presiding Judge Omar
Viola and raided the premises of British Grand Vision International Company,
Inc. and Transglobal Pacific Airways, Inc., at Hangar 7260 at the Civil
Aviation Complex. Chinese and Filipino employees and dealers were allegedly
found manning casino tables and "in the act of dealing" playing cards with
video cameras and computer monitors in front of them. The NBI, through
lawyer and senior agent Renato Marcuap, filed charges of illegal gambling
(violation of Presidential Decree 1602) against several Taiwanese officials
and 33 Filipino online dealers of the two companies. On November 17 last
year, Second Assistant City Prosecutor Oliver Garcia dismissed the case "for
lack of merit." He said a law that specifically prohibits gambling over the
Internet is necessary in order to indict or prosecute alleged Internet-based
gambling operators, since it is not covered by PD 1602. He stressed that the
absence of real players in the alleged Internet gambling casino -- which
means there were no dealer and bettor to constitute an "illegal gambling
activity," as stated by PD 1602 -- was enough reason to dismiss the case. He
said "one could not charge the dealer alone without indicting the supposed
bettor." The NBI has filed a Petition for Review on the case, which is
pending at the Department of Justice. The investigation agency maintains
that although there were "no live players," there were actual online players
who bet money on games that depend wholly or chiefly upon chance or
hazard -- which is outlawed by PD 1602 and Article 195 of the Revised Penal
Code. On November 27 last year, the respondents, through lawyers Jackson
Yabut and Sheryl Santos, filed a Motion to Quash or invalidate the search
warrant used by the NBI in raiding the alleged Internet casino at the Civil
Aviation Complex.

On December 28 last year, Judge Viola granted the respondents' motion and
ordered the immediate release of the casino tables, playing cards, computer
sets, webcams, network and video servers, and other equipment seized by the
NBI during the raid.

On January 15, the NBI filed a motion for reconsideration, maintaining that
the search warrant was valid.

On February 20, Judge Viola ordered the respondents to submit within 10 days
"without extension" their comment to the NBI's motion for reconsideration.
The court has yet to decide on the NBI's motion.

Law enforcement agencies, anti-gambling crusaders, and operators of online
gambling sites all over the world have been waiting with anticipation the
final outcome of the NBI's case against the British Grand Vision
International Company, Inc. and Transglobal Pacific Airways, which is
pending before the Department of Justice.