Title
Extension and Regulation of Philippine Racing Club Franchise
Law
Republic Act No. 7953
Decision Date
Mar 30, 1995
The Philippine Racing Club, Inc. is granted an amendment to extend their franchise, allowing them to construct and operate a race track and hold horse races with bettings, under the supervision and regulation of the Philippine Racing Commission and the Games and Amusements Board.
A

Regulatory Supervision

  • The Philippine Racing Commission (Philracom) supervises and regulates the horse racing operations, including race scheduling, race track safety, prize allocation, and security.
  • The Games and Amusements Board (GAB) supervises and regulates betting activities and licenses all racing officials and personnel.

Term Extension

  • The franchise term granted to PRCI is extended by twenty-five (25) years beyond the original expiration date in October 1997.

Exclusive Betting Rights

  • PRCI or its duly authorized agents exclusively may offer, take, or arrange bets on horse races conducted within or outside the Philippines.
  • Betting may be done in person or through electronic and other transaction processing means across the country.
  • It is unlawful for any other person or entity to conduct betting activities or use betting devices on PRCI horse races.

Penalties for Unauthorized Betting

  • Violation of exclusive betting provisions results in fines between P2,000 and P5,000, imprisonment from one to six months, or both.
  • Corporate offenders hold the president, managing partner, or responsible manager criminally liable.

Required Facilities and Technology

  • PRCI must provide and maintain advanced mechanical, electrical, or computerized devices including:
    • Photo patrol and electronic cameras
    • Automatic starters
    • Electric totalizators
    • Photo finish devices
    • Computer-connected ticket sale display boards
    • Horse tattoo branding facilities
    • Drug testing laboratories and instruments
    • Weighing and measurement devices
    • Modern sound and broadcasting equipment
    • Continuous and backup power supply
  • These facilities are mandatory within three years; failure results in suspension of racing activities by Philracom.
  • GAB will assign auditors and inspectors to oversee betting and wager fund distribution.

Betting Ticket Terms and Fund Distribution

  • Terms and conditions for betting ticket sales must be clearly published and displayed.
  • Gross wager receipts from ticket sales are distributed as follows:
    • 82% as dividends among winning ticket holders
    • 8.5% as PRCI commission fee
    • 8.5% for stakes (prizes) and jockey bonuses
    • 1% allocated for the Philippine Racing Commission
  • Breakage funds (from less than ten centavo fractions) are apportioned in equal 25% shares to:
    • Local hospitals where the race track is situated
    • Drug rehabilitation programs
    • Philippine Racing Commission for prize enhancement and capital outlay
    • National Stud Farm for horse breeding activities

Racing Schedule Restrictions

  • PRCI is authorized to hold races at least two days per week, Saturdays, Sundays, and official holidays except those with legal race prohibitions.
  • Night races on public holiday eves allowed, not exceeding five days annually and starting no earlier than 5:30 PM.
  • Racing days allocation must align with provisions under Republic Act No. 309.

Documentary Stamp Tax on Betting Tickets

  • A documentary stamp tax of 10 centavos applies per ticket.
  • For tickets exceeding one peso, an additional 10 centavos per peso or fraction is imposed.
  • For double, forecast/quenella, and trifecta bets, the tax is 5 centavos per peso.

Franchise Tax and Revenue Allocation

  • PRCI shall pay a 25% franchise tax based on gross earnings from authorized horse races, equivalent to 8.5% of gross betting receipts.
  • Tax distribution:
    • 5% to national government
    • 5% to province/city/municipality hosting the race track
    • 7% to Philippine Charity Sweepstakes Office
    • 6% to Philippine Anti-Tuberculosis Society
    • 2% to White Cross
  • Monthly tax payments are mandatory and this tax replaces all other local property taxes except income tax.

Tax on Winnings

  • Winners pay 10% tax on winnings after deducting ticket cost; for double, forecast/quenella, trifecta bets, tax is 4%.
  • Winning racehorse prize tax is 10%.
  • Operators must withhold tax before paying winnings and file returns with the Bureau of Internal Revenue within 20 days.

Restrictions on Franchise Transfer

  • PRCI is prohibited from leasing, transferring, selling, assigning, or merging its franchise or related rights without Congressional approval.

Incorporation and Repeal of Conflicting Laws

  • Provisions of Republic Act No. 309 not inconsistent herewith remain effective.
  • Any conflicting laws, executive orders, or regulations are automatically repealed.

Effectivity

  • The Act takes effect 15 days after publication in at least two newspapers of general circulation in the Philippines.

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