Law Summary
Government Policy on Cockfighting
- Recognizes cockfighting as a popular and traditional Filipino recreation.
- Emphasizes regulation to prevent commercialization and uncontrolled gambling.
- Aims to preserve Filipino heritage and enhance national identity.
- Promotes wholesome recreation and tourism.
- Seeks to prevent excessive profit motives in cockpit management.
Definitions of Key Terms
- Cockfighting: Refers to "cockfighting derby," "pintakasi," "tupada," or equivalent local terms.
- Zoning Law or Ordinance: Laws governing land use within political subdivisions.
- Bet Taker or Promoter: Person taking bets and distributing winnings after deducting commission.
- Gaffer (Taga Tari): Expert who arms fighting cocks with gaffs.
- Referee (Sentenciador): Oversees fights, assesses physical condition, makes decisions on results.
- Bettor: Participant who places bets on cockfighting outcomes; may be a cock owner.
Ownership and Operation of Cockpits
- Ownership limited to Filipino citizens not disqualified by law.
- Cooperative capitalization for cockpit operations encouraged.
- Only one cockpit allowed per city or municipality; two for populations over 100,000.
Site, Construction and Zoning Requirements
- Cockpits must be constructed in zones designated by zoning laws or ordinances.
- Absent such laws, local executives must ensure cockpits are not near residential, commercial, hospital, school, church, or public buildings.
- Existing cockpits not compliant have three years to conform.
- Building permits for cockpits must comply with city/provincial engineering standards.
Permitted Cockfighting Events and Schedule
- Cockfighting allowed only in licensed cockpits on Sundays, legal holidays, and local fiestas (not exceeding 3 days).
- Also permitted during agricultural, commercial, or industrial fairs, carnivals, or expositions for up to 3 days upon local government resolution and Chief of Constabulary approval.
- Restrictions include no events on December 30, June 12, November 30, Holy Thursday, Good Friday, election or referendum days, or registration days.
Special Cockfighting Events
- Cockfighting may be held for tourists, foreign dignitaries, "Balikbayan" Filipinos, or charitable fund-raising upon proper resolution and approval.
- Such events limited to one time per year per location and up to three days.
Prohibition on Unauthorized Gambling
- No other kinds of gambling allowed within cockpit premises during cockfighting.
- Violations result in criminal liability for owners, managers, lessees, and violators.
Licensing Authority and Fees
- City and municipal mayors authorized to issue operation and maintenance licenses for cockpits.
- Licenses subject to the approval of the Chief of Constabulary or authorized representatives.
- Local ordinances may impose taxes and fees in accordance with the Local Tax Code.
Licensing of Cockfighting Officials
- Gaffers, referees, bet takers/promoters must secure licenses renewable annually.
- Licensing issued by city or municipal governments of the cockfighting locale.
- Annual taxes on licenses may not exceed twenty pesos.
Penal Provisions
- Violations of decree provisions or related regulations punishable by:
- Maximum prision correccional (medium-term imprisonment) and fine of 2,000 pesos for cockpit owners, managers, gaffers, referees, bet takers, or financiers.
- Same penalties for those allowing or promoting unauthorized gambling on cockpit premises.
- Other offenders liable to prision correccional or fines from 600 to 2,000 pesos, or both.
- Subsidiary imprisonment applies if fines are unpaid due to insolvency.
Repealing Clause
- Repeals or modifies inconsistent laws including Sections 2285 and 2286 of the Revised Administrative Code, Article 199 of the Revised Penal Code, Republic Act No. 946, and other rules contradictory to this decree.
Effectivity
- Takes effect 15 days after publication in the Official Gazette.