QuestionsQuestions (QUEZON CITY ORDICE NO. SP-2285, S-2014)
The ordinance cites Section 458(a)(1)(v) of Republic Act No. 7160 (Local Government Code of 1991), which authorizes the Sangguniang Panlungsod to enact ordinances to prevent or suppress gambling establishments and other activities inimical to the welfare and morals of the inhabitants of the city.
A game of chance is one where (1) a person stakes or risks something of value to win something of value; (2) the rules require an outcome determined by chance outside the contestant’s control; and (3) chance enters as an element that cannot be eliminated through skill.
“Electronic games (e-Games)” refers to online-based casino terminals located in different areas in the Philippines regulated by PAGCOR. For e-Games operators, an Authority to Operate from PAGCOR must be submitted as part of the documentary requirements.
There are (a) short term permits for seasonal operation—bingo, cockfights, and carnival games of chance—with specific day limits; and (b) fixed term special permits for regular operation of e-Games, bingo games, and other games of chance for a fixed term of two (2) years.
A natural person applicant must be at least 21 years old and a Filipino citizen. A juridical person must be organized under Philippine laws with principal office preferably in Quezon City. For certain community-based organizers (e.g., barangay-accredited organizations), they must be accredited by the relevant barangay/city/church/school where they belong.
For fixed term permits: competent evidence of identity/registration; Letter of No Objection from the Mayor via BPLO; barangay resolution interposing no objection; project description; location/site map; business plan with projected income; and lease contract. If the applicant is an e-Games operator, PAGCOR Authority to Operate must also be submitted.
Barangay and community-organized bingo games with cumulative monetary and non-monetary prizes not exceeding PHP 20,000 are not required to apply for a short term permit.
They must comply with the short term permit process and provide documentary requirements. For community-organized bingo games, at least 70% of proceeds must go directly to target beneficiaries, and organizers must submit substantial proof within 30 days after the bingo showing that 70% requirement was met.
Key restrictions include: distance limits—no gaming establishment within 200 meters of a place of worship or institution of learning; no gaming establishment within 300 meters of another gaming establishment of the same type; operation not earlier than 11:00 AM; no entry for persons below 21; notice at entrances; no gaming advertisements/streamers within 100 meters of worship/institutions of learning; no games of chance on credit; and a dress code excluding sando, slippers, and shorts for entry within premises.
Grounds include: failure to appear at the committee hearing without justifiable cause; falsification/alteration/misrepresentation of required documents; commencing operation before grant of permit; violation of regulatory requirements; and violation of specified ordinance limitations provisions (referred to in the text).
Only cockfighting activities sponsored by the barangay council may qualify for a short term special permit. The ordinance generally limits cockfighting operations under short term permits to 1 to 3 days in a year (and, for certain patronal fiesta scenarios, within the barangay patronal fiesta for not more than three days).
Cockfights are prohibited on December 30 (Rizal Day), June 12 (National Heroes Day), Holy Thursday, Good Friday, Black Saturday, Election or Referendum Day, and during registration days for such election or referendum.
Cockfights are not allowed within 200 meters of any place of worship or institution of learning. The ordinance also contemplates temporary cockpits only in enclosed premises with defined entry/exit gates/doors and sufficient space for bettors, gaffers, bet takers, and referees.
No person below 21 years of age may enter the temporary cockpit. If there is doubt regarding age, the promoter must require identification to ascertain true age.
Proceeds must go directly to the barangay’s General Fund and be used for barangay development projects subject to usual accounting procedures. An activity report must be submitted within three months after the event, signed by all members of the barangay council, stating attendees, number of cockfights (soltada), amount of funds raised, and the projects to which proceeds were used. Failure to submit is grounds for denial of future permits.
For short term permits: organizers/conductors of cockfights/bingo/other games not complying are punishable by a fine of PHP 5,000 or imprisonment of 1 year, or both. For fixed term permits: first offense—administrative fine PHP 5,000; second offense—suspension of operation for 30 days plus fine PHP 5,000; third offense—cancellation/revocation of the fixed term special permit.
If a person fails to present a special permit upon application for business permit issuance/renewal, no business permit shall be issued. The city government may also immediately close gaming establishments operating with expired licenses or operating other games of chance other than those covered by their issued permit.