The Cebu City Legal Office supported a proposed ordinance authored by Councilor Joel Garganera to ban gambling advertisements, stating it serves a valid public interest in protecting public morals and vulnerable groups.
The legal office advised city lawmakers to refine the proposal's scope, limit digital advertising restrictions to entities within Cebu City's jurisdiction, align definitions with national frameworks, and ensure administrative due process.
The legal office recommended a graduated penalty structure starting with a written notice for a first offense, a P3,000 fine for a second offense, and a P5,000 fine with potential permit revocation for subsequent violations.
THE Cebu City Legal Office has voiced support for a proposed ordinance banning all forms of gambling advertisements in the city, confirming that the measure serves a valid public interest in protecting public morals and vulnerable groups. However, the legal office advised city lawmakers to refine the proposal so that it remains strictly within legal, constitutional and territorial limits.
Authored by Councilor Joel Garganera, the proposed measure seeks to prohibit gambling advertisements throughout Cebu City and penalize violators. In a position paper dated July 20, 2026, submitted to the City Council, the legal office agreed with the overall goal of the measure while noting that local government powers are subject to specific statutory limits.
Legal limits on local police power
Under Section 16 of the Local Government Code of 1991, local governments possess delegated police power to enact rules for public welfare. The legal office noted that while this allows the city to regulate commercial promotions within its jurisdiction, it does not allow the local government to override national laws or extend its authority beyond city borders.
“The proposed ordinance serves a legitimate public purpose by regulating the commercial promotion of gambling within Cebu City in order to reduce its potential adverse effects on public morals, particularly among minors and other vulnerable sectors,” the legal office stated.
At the same time, the legal office clarified that the City “does not prohibit gambling itself nor interfere with lawful gambling operations authorized under national law,” focusing solely on how those activities are commercially advertised.
Jurisdictional boundaries and digital advertising
A primary concern raised by the legal office involves Section 3(c) of the draft, which outlines the scope of the restriction. The current wording applies to advertisements regardless of where a server or main office is located. Because online content can be viewed anywhere, the legal office cautioned that this phrase could be misconstrued as an attempt to regulate individuals or entities operating entirely outside Cebu City’s geographic boundary.
To resolve this, the legal office recommended limiting the ban to paid commercial advertisements produced or distributed by individuals and businesses operating within Cebu City or otherwise subject to its regulatory control. This would cover digital channels — including websites, social media, streaming services, sponsored posts and affiliate marketing — without overstepping territorial limits.
The legal office also urged councilors to align the draft’s definitions of “gambling” and “gambling advertisement” with existing national frameworks. Adopting definitions consistent with Presidential Decree 1869, Republic Act 9287 and the Philippine Amusement and Gaming Corp. Responsible Gaming Code of Practice would foster uniformity and reduce legal vulnerabilities.
Furthermore, the legal office noted that restricting digital content requires careful handling of commercial speech. While commercial advertising receives less constitutional protection than non-commercial speech, restrictions must still directly serve a legitimate public goal without being overly broad.
Due process and penalty structures
To ensure fair treatment for local businesses and individuals, the legal office stressed the need for explicit administrative due process before any penalties or permit revocations take effect.
Under the proposed amendments, alleged violators would first receive a written Notice of Violation detailing the offense, giving them an opportunity to offer an explanation or be heard. Any official decision to levy fines or alter a business permit would need to be issued in writing with clear legal and factual reasoning.
The legal office recommended a graduated penalty structure, starting with a written notice for a first offense, followed by a P3,000 fine for a second offense and a P5,000 fine alongside the potential suspension or revocation of business permits for third and subsequent violations.
Additionally, the legal office pointed out that penal ordinances must comply with Section 511(a) of the Local Government Code. This requires posting the measure in public places for three consecutive weeks and publishing it in a newspaper of general circulation before penalties can legally take effect.
Global precedents and statutory compliance
To contextualize the proposal, the legal office referenced international practices where governments have restricted gambling promotions to protect citizens. Italy maintains a comprehensive ban across television, print, social media, and sports sponsorships, while Belgium has phased out gambling sponsorships in professional sports. The Netherlands restricts untargeted advertising and limits endorsements by celebrities and Australia limits gambling ads during live sports broadcasts.
While international models illustrate a global movement toward regulating gambling promotions, local restrictions in Cebu must remain anchored to Philippine legal standards. With the recommended modifications in place, the legal office formally endorsed the measure for approval by the Cebu City Council.
“The proposed refinements will strengthen the ordinance’s consistency with the national regulatory framework, enhance its enforceability, and better ensure that it remains fair, reasonable, and capable of withstanding judicial scrutiny,” the legal office said. / CAV