QuestionsQuestions (PRESIDENTIAL DECREE NO. 449)
PD No. 449 is titled the “Cockfighting Law of 1974” and governs the establishment, operation, maintenance, and ownership of cockpits, including when and where cockfighting may be held.
To regulate and control cockfighting as wholesome national recreation, promote tourism, and prevent excessive or unreasonable profit considerations—so as to preserve Filipino customs and traditions and enhance national identity.
Cockfighting embraces the commonly known game or terms “cockfighting derby, pintakasi, or tupada,” or equivalent terms in different Philippine localities.
A person who calls and takes care of bets from owners of gamecocks and other bettors before the cockfight starts, and later distributes won bets to winners after deducting a commission.
A person knowledgeable in arming fighting cocks with gaffs or gaffs on either or both legs.
The referee watches and oversees proper gaffing, determines physical condition and injuries of cocks while fighting is in progress, decides whether they can continue fighting, and announces the winner, tie, or no contest.
A person who participates in cockfights using money or other things of value to bet with other bettors or through the bet taker/promoter, and who wins or loses depending on the referee’s announced result (and may be the owner of a fighting cock).
Only Filipino citizens not otherwise inhibited by existing laws may own, manage, and operate cockpits; cooperative capitalization is encouraged.
Only one cockpit per city or municipality, except that cities/municipalities with population over 100,000 may establish up to two cockpits.
Cockpits must be constructed and operated within appropriate areas as prescribed by the Zoning Law/Ordinance. If none exists, local executives must ensure cockpits are not within or near residential/commercial areas, hospitals, schools, churches, or other public buildings.
Owners/lessees/operators are given three years from the effectivity of the Decree to comply.
Only in licensed cockpits during Sundays and legal holidays and during local fiestas for not more than three days; it may also be held during provincial/city/municipal agricultural/commercial/industrial fairs, carnivals, or expositions for a similar three-day period subject to conditions and approvals under the law.
No cockfighting is allowed if the fair/carnival coincides with the month of a local fiesta, and it may not be held more than two occasions in the same city/municipality in a year.
No cockfighting on Dec. 30 (Rizal Day), June 12 (Independence Day), Nov. 30 (National Heroes Day), Holy Thursday, Good Friday, Election/Referendum Day, and during Registration Days for such election or referendum.
Subject to the general restrictions, the Chief of Constabulary (or authorized representative) may allow it upon resolution of the provincial board/city or municipal council, in licensed cockpits or in playgrounds/parks, for entertainment of foreign dignitaries/tourists/“Balikbayan,” or support of national charitable fundraising campaigns authorized by the Office of the President.
Only once within a year to a province/city/municipality, and only for a period not exceeding three days.
No gambling of any kind is permitted on the premises of the cockpit or place of cockfighting during the cockfight; the owner/manager/lessee and violators are criminally liable under Section 8.
City and municipal mayors may issue licenses for operation/maintenance subject to approval of the Chief of Constabulary (or authorized representative). Mayors may impose and collect taxes/fees via ordinances not exceeding rates allowed under referenced provisions of PD 231 (Local Tax Code).
They must secure a license renewable every year on their birthmonth from the city/municipality where the cockfight is held; only licensed officials may officiate.
If the offender is the financier, owner, manager, or operator of a cockpit, or the gaffer/referee/bet taker (including allowing/promoting/participating in other gambling in the premises), the penalty is prision correccional in its maximum period plus a fine of PHP 2,000, with subsidiary imprisonment in case of insolvency. For other offenders, the penalty is prision correccional or a fine of not less than PHP 600 and not more than PHP 2,000, or both, with subsidiary imprisonment in case of insolvency, at the court’s discretion.