Cockfighting Regulation and Licensing Law

Legal basis, policy, and purpose

Section 3 declares a government policy to ensure, within the framework of the New Society, the maximum development and promotion of wholesome recreation and amusement.
The Decree directs control and regulation of cockfighting toward its establishment as a national recreation, relaxation, and source of entertainment.
It provides an additional avenue for the tourism program.
It removes and prevents excessive and unreasonable business operation and profit considerations in the management of cockpits and preserves Philippine customs and traditions to enhance national identity.

Core definitions and roles

Section 4 defines “Cockfighting” as the commonly known game or term “cockfighting derby, pintakasi or tupada”, or its equivalent terms in different Philippine localities.
Section 4 defines a “Zoning Law or Ordinance” as national or local city or municipal legislation that arranges, prescribes, defines, and apportions a political subdivision into specific land uses for present and future needs.
Section 4 defines a “Bet Taker or Promoter” as a person who calls and takes care of bets from owners of gamecocks and other betters before commencement of the cockfight and thereafter distributes won bets to winners after deducting a commission.
Section 4 defines “Gaffer (Taga Tari)” as a person knowledgeable in arming fighting cocks with gaff or gaffs on either or both legs.
Section 4 defines “Referee (Sentenciador)” as a person who watches and oversees proper gaffing, determines fighting cocks’ physical condition and injuries during progress, decides capability to continue fighting, and announces the winner, tie, or no contest by word or gestures.
Section 4 defines “Bettor” as a person who participates with money or other things of value, bets with other bettors or through the bet taker or promoter, and wins or loses based on the referee’s announcement; the bettor may be the owner of fighting cock.

Who may own, operate, and where

Section 5 provides that only Filipino citizens not otherwise inhibited by existing laws may own, manage, and operate cockpits.
Section 5 encourages cooperative capitalization.
Section 5 limits cockpit establishment to one cockpit per city or municipality, except that in cities or municipalities with a population of over one hundred thousand, two cockpits may be established, maintained, and operated.
Section 5 requires cockpits to be constructed and operated within appropriate areas prescribed by the Zoning Law or Ordinance.
Section 5 directs that where there is no zoning law or ordinance, local executives must ensure cockpits are not constructed within or near existing residential or commercial areas, hospitals, school buildings, churches, or other public buildings.
Section 5 gives owners, lessees, or operators of existing cockpits that do not conform three years from the date of effectivity of the Decree to comply.

Cockpit site approvals and building permits

Section 5 requires that approval or issuance of building permits for obstruction of cockpits be made by the city or provincial engineer.
Section 5 ties building-permit issuance to the respective building codes, ordinances, or engineering laws and practices.

When cockfights are allowed

Section 5 authorizes cockfighting only in licensed cockpits, except as otherwise provided in the Decree.
Section 5 allows cockfighting on Sundays and legal holidays and during local fiestas for not more than three days.
Section 5 allows cockfighting during provincial, city, or municipal agricultural, commercial, or industrial fairs, carnivals, or expositions for a similar period of three days if the local government holds a resolution and obtains approval from the Chief of Constabulary or an authorized representative.
Section 5 bars cockfighting during such fairs/carnivals/expositions with the month of a local fiesta, and bars more than two occasions a year in the same city or municipality.
Section 5 prohibits cockfighting on December 30 (Rizal Day), June 12 (Philippine Independence Day), November 30 (National Heroes Day), Holy Thursday, Good Friday, Election or Referendum Day, and during Registration Days for such election or referendum.

Tourists, balikbayan, and charitable events

Section 5 empowers the Chief of Constabulary or authorized representative to allow cockfighting for the entertainment of foreign dignitaries or tourists, or returning Filipinos (“Balikbayan”), or for support of national fund-raising campaigns for charitable purposes as authorized by the Office of the President.
Section 5 requires a resolution of a provincial board, city or municipal council for these special allowances.
Section 5 permits these events in licensed cockpits or in playgrounds or parks.
Section 5 limits the privilege to only one time for a period not exceeding three days within a year to a province, city, or municipality.

Gambling restrictions during cockfights

Section 5 prohibits any gambling of any kind on the premises of the cockpit or place of cockfighting during cockfights.
Section 5 makes the owner, manager, or lessee of the cockpit and violators criminally liable under Section 8.

Licensing of cockpits and local taxation powers

Section 6 authorizes city and municipal mayors to issue licenses for the operation and maintenance of cockpits.
Section 6 requires that mayoral licensing is subject to approval of the Chief of Constabulary or authorized representatives.
Section 6 allows ordinances for the imposition and collection of taxes and fees, but the rates must not exceed those fixed under Sections 13, paragraphs (a) and (b) and 19, paragraph (g) 16 of Presidential Decree No. 231 dated June 28, 1973 (the Local Tax Code, as amended).

Licensing and conduct of officials

Section 7 prohibits gaffers, referees, or bet takers/promoters from acting in any authorized cockfight without first securing a license.
Section 7 requires that the license be renewable every year on their birthmonth from the city or municipality where the cockfight is held.
Section 7 allows cities and municipalities to charge a tax of not more than twenty pesos for these licenses.
Section 7 requires that only licensed gaffers, referees, bet takers, or promoters officiate in all kinds of cockfighting authorized in the Decree.

Criminal penalties for violations

Section 8 provides punishment for any violation of the Decree and the rules and regulations promulgated by the Chief of Constabulary pursuant thereto.
Section 8 imposes prision correccional in its maximum period and a fine of two thousand pesos, with subsidiary imprisonment in case of insolvency, when the offender is the financier, owner, manager, or operator of a cockpit, or the gaffer, referee, or bet taker in cockfights.
Section 8 also applies the same prision correccional in its maximum period and fine of two thousand pesos scenario when the offender allows, promotes, or participates in any other kind of gambling in cockpit premises during cockfights.
Section 8 imposes prision correccional or a fine of not less than six hundred pesos and not more than two thousand pesos, or both, with subsidiary imprisonment in case of insolvency, for any other offender, with imprisonment and fine imposed at the discretion of the court.

Repeal and inconsistency clause

Section 9 repeals or modifies accordingly all provisions of Sections 2285 and 2286 of the Revised Administrative Code (as amended), Article 199 of the Revised Penal Code, Republic Act No. 946, and all laws, decrees, rules, regulations, or orders inconsistent with the Decree.