Title
Philippine Charity Sweepstakes Law
Law
Acts No. 4130
Decision Date
Oct 30, 1934
Act No. 4130 consolidates and revises existing laws governing horse races with sweepstakes for charitable purposes, establishing the Philippine Charity Sweepstakes Office and regulating the holding of charity horse race sweepstakes, with a portion of the proceeds allocated to various charitable organizations.
A

Authorization and Management of Charity Horse Race Sweepstakes

  • Authorizes holding charity horse race sweepstakes 2 to 4 times per year as an emergency measure.
  • Requires at least two races in the Philippines featuring only horses that have not previously raced.
  • Establishes the Philippine Charity Sweepstake Office to manage operations.
  • Creates a Board of Trustees with five members: Secretary of Finance (ex-officio chairman), Secretary of Public Works and Communications, Commissioner of Health and Public Welfare, and two appointees by the Governor-General with Senate consent.
  • The General Manager leads the office, assisted by personnel appointed by the Board.
  • Employees cannot receive double compensation if employed by government; salary caps set for staff and General Manager.
  • Board can appoint personnel without regard to Civil Service laws.
  • Operational expenses are payable from receipts and must not exceed percentages specified in Section 4.
  • Annual expense estimates must be submitted by the General Manager and approved by the Board.

Powers and Regulatory Functions of Board of Trustees

  • Board sets regulations for sweepstakes, including number and price of tickets, allocation of free tickets, prize amounts, ticket sale closure dates, and scheduling and venue of races.
  • Board may acquire property, enter contracts, and undertake necessary acts for enforcement.

Apportionment of Receipts from Ticket Sales

  • From gross receipts, 75% allocated to prizes and management expenses; expenses limited to 14% of this 75%.
  • Remaining 25% distributed at the Board’s discretion, guided by the Commissioner of Health and Public Welfare.
  • Designated beneficiaries include:
    • Philippine Islands Antituberculosis Society (minimum 30%)
    • Philippine Amateur Athletic Federation (30% for first three years)
    • Hospitals, charitable organizations, women’s clubs, boy scouts, veterans’ asylums, child welfare centers, and other charitable entities.
  • Funds must be used exclusively for purposes authorized by the Board.

Capitalization and Financial Provisions

  • Board to accumulate capital for the Philippine Charity Sweepstake Office from sweepstake receipts.
  • Initial capital advance up to 200,000 pesos by the Insular Treasurer, to be repaid within two years with 5% interest.

Tax Exemption and Ticket Security

  • Sweepstakes and ticket sales exempt from all taxes except a 2 centavo internal-revenue stamp per ticket.
  • Tickets are government-printed securities; forgery or alteration punishable under the Revised Penal Code.

Transitional Provisions for Existing Sweepstakes

  • The 1934 National Charity Sweepstakes and its allocation of proceeds to follow amended prior laws.
  • Antituberculosis Society permitted to hold races as previously authorized for only one year.

Construction and Procurement Procedures

  • For construction works costing over 300,000 pesos, the Board must hold competitive plan contests with prizes.
  • Contracts for work over 3,000 pesos awarded to best bidder under Board conditions.

Reporting and Accountability

  • Board must submit an annual detailed report every June to the Governor-General and Legislature.

Repeal of Inconsistent Laws

  • Any laws or provisions inconsistent with this Act are repealed.

Effectivity

  • The Act takes effect upon its approval.

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