DOJ: COA can audit POGO receipts

By Rey E. Requejo

THE Department of Justice has rendered an opinion that the Commission on Audit can review for audit purposes the gross gaming receipts (GGR) of Philippine Offshore Gaming Operators (POGOs) on the request of the Philippine Amusement and Gaming Corp. (PAGCOR),

In a legal opinion dated June 30, 2023, the DOJ said: “There appears to be basis and sound fiscal reasons for COA to audit the GRR of the POGO, while PAGCOR is still in the process of procuring the services of a qualified third-party audit platform in accordance with the provisions of RA (Republic Act) 11590 and RA 9184.”

RA 11590 is the law on the taxing of POGOs and amends a number of provisions of the National Internal Revenue Code of 1997

(NIRC), while RA 9184 is the Government Procurement Reform Act.

However, the DOJ opinion issued by Undersecretary Raul T. Vasquez informed COA Chairperson Gamaliel A. Cordoba that the opinion was issued for COA’s “information and guidance only.

Citing the DOJ’s 1988 opinion, Vasquez said: “This Department will not pass upon any opinion, ruling and/ or actuations of officials/agencies, over which it has no revisory authority.”

“Being an independent constitutional body, this Department does not possess any reviewing authority over the rul-