Quezon City Regulation of Electronic and Bingo Games

Policy, legal basis, and purpose

The ordinance declares that gambling is inimical to the interest of the Filipino family and aligns regulation with the constitutional policy of protecting the family.
The ordinance is enacted pursuant to Section 458 (a) (1) (v) of Republic Act No. 7160 (the Local Government Code of 1991) which authorizes city councils to enact measures for the prevention or suppression of gambling establishments and activities inimical to welfare and morals of city inhabitants (Section 1).
The ordinance’s central purpose is to regulate the operation of gaming establishments in Quezon City (Section 1).

Core definitions for regulated games

“Barangay” means any barangay located in Quezon City duly organized under the Local Government Code of 1991 / Republic Act No. 7160 as amended (Section 2).
“Bingo” / “bingo games” means a game of chance played by forming patterns from randomly drawn numbers on a pre-printed 5 by 5 matrix card, printed on paper/card stock or electronically represented (Section 2).
“Charitable cause” (in the context of community-organized bingo games) means a non-profit activity or advocacy aimed to benefit members of society other than the bingo game organizers, including benefits through barangay officials, homeowners associations, senior citizens’ organizations, NGOs, POs, school, religious, or community organizations (Section 2).
“Cockfighting (Sabong)” includes “cockfighting derby,” “pintakasi,” “tupada,” or their equivalent in different Philippine localities (Section 2).
“Electronic games” / “e-Games” means online-based casino terminals regulated by PAGCOR (Section 2).
“Games of chance” means a game/contest/scheme/device where: (1) a person stakes or risks something of value to win something of value; (2) the outcome depends on an event determined by chance outside the control of the contestant/participant; and (3) chance influences the result in a way not eliminable through skill (Section 2).
“Gaming establishment” means a place where electronic games (e-Games), bingo games, cockfights, carnivals, or other games of chance are held (Section 2).
“Institution of learning” means an institution offering primary, secondary and tertiary education (Section 2).
“Place of worship” means a location where a congregation comes together to perform acts of religious devotion, used as its primary purpose (Section 2).
“Committee” refers to the Sanggunian Panlungsod Committee on Games and Amusement (Section 2).
“Special permit” means the permit required under the ordinance for lawful operation of gaming establishments, of the two types granted under the ordinance (Section 2).

Persons and establishments covered

Any person, natural or juridical, engaged in operating e-Games, bingo games, cockfights, and other games of chance within Quezon City must obtain a special permit from the Sangguniang Panlungsod (Section 3).
Carnival games of chance are covered by the ordinance when the cumulative monetary value of prizes is at least PHP 30,000.00 (Section 3).

Permit types and validity periods

The ordinance establishes two types of special permits granted by the Sangguniang Panlungsod (Section 5).
Short term permit allows seasonal operation of bingo games, cockfights, and carnival games of chance.
Short term permit time limits: bingo games and cockfights are limited to one (1) to three (3) days in a year, and carnival games of chance are limited to fourteen (14) days; the permit is valid for one (1) year from date of issuance (Section 5(a)).
Fixed term special permit allows operation of e-Games, bingo games, and other games of chance on a regular basis for a fixed term of two (2) years from approval of the resolution (Section 5(b)).
Renewal of a fixed term special permit is subject to evaluation of business operations during the years prior to the year of application (Section 5(b)).

Qualifications and documentary requirements

Natural persons applying for special permits must be at least twenty-one (21) years old and Filipino citizens at the time of application; juridical persons must be organized under Philippine laws with a principal office preferably located within Quezon City (Section 4(a)).
Applicants for a short term special permit for cockfighting must come only from the Barangay Council (Section 4(c)).
A fixed term special permit applicant must possess a valid and subsisting authority from PAGCOR or PCSO (Section 4(b)).
For fixed term special permits, applicants must submit: competent evidence of identity/registration (Section 6(a)), a Letter of No Objection from the Office of the Mayor issued by the Business Permits and Licensing Office (BPLO) (Section 6(b)), a barangay resolution of no objection (Section 6(c)), project description (Section 6(d)), location or site map (Section 6(e)), a business plan with projected income (Section 6(f)), and a lease contract (Section 6(g)).
For e-Games operators, the Authority to Operate from PAGCOR must be submitted with the fixed term documentary requirements (Section 6).
For short term permits for Barangay and Community-Organized Bingo Games, applicants must submit identity/accreditation documents (Section 7(a)), a barangay resolution of no objection (Section 7(b)), project description (Section 7(c)), and a location or site map (Section 7(d)).
For Barangay Sponsored Cockfighting Activities, applicants must submit a letter request addressed to the City Mayor (Section 7(a)) and a barangay resolution specifying the date and location of the cockfighting activity (Section 7(b)).
For renewal of fixed term special permits, applicants must submit identity documents (Section 8(a)), Letter of No Objection from the Office of the Mayor issued by the Business Permits and Licensing Office (BPCO) (Section 8(b)), barangay resolution no objection (Section 8(c)), project description (Section 8(d)), location/site map (Section 8(e)), business plan with projected income (Section 8(f)), lease contract (Section 8(g)), tax clearance from the City Treasurer’s Office (Section 8(h)), and the previous fixed term special permit (Section 8(i)).

Application timing and application process

Fixed term special permit applications are accepted anytime of the year (Section 10).
Short term permit applications must be filed at least forty-five (45) days prior to the conduct of bingo games, cockfights, and carnival games of chance (Section 10).
Renewal of fixed term special permit applications must be filed within sixty (60) days prior to expiration, together with the documentary requirements in Section 8 (Section 10).

Short term permit process

For seasonal bingo and other carnival games: the applicant must attach all documentary requirements in Section 6 to the short term application (Section 11(a)).
The Majority Floor Leader through the Secretary to the Sanggunian calendars the request in the City Council agenda for referral to the appropriate committee (Section 11(a)).
The Committee on Games and Amusements conducts an inquiry into veracity and completeness of documents and issues a committee report recommending whether a short term permit should be granted (Section 11(b)).
The committee report is submitted to the Committee on Laws, Rules and Internal Government through the Secretary to the Sanggunian for inclusion in the City Council agenda (Section 11(c)).
Upon confirmation by the Sangguniang Panlungsod, the applicant may obtain a Certified Copy from the Secretary to the Sanggunian (Section 11(d)).
The BPLO issues the corresponding permit to the applicant (Section 11(e)).
For barangay-sponsored cockfights: applications must be supported by a barangay resolution and a teller request by the Punong Barangay, submitted to the Office of the Mayor through the Barangay Operations Center (BOC) at least forty-five (45) days before the scheduled activity (Section 11(a)).
The Office of the Mayor through the BOC grants the request only if it conforms to the ordinance; otherwise the application is denied (Section 11(b)).
If granted, the Mayor’s Office through the BOC endorses to the Sangguniang Panlungsod Committee on Games and Amusement through the Secretary to the Sanggunian a set of items: letter request, barangay resolution, and Certification of Compliance with the ordinance provisions (Section 11(c)).

Fixed term special permit process

A fixed term application submitted to any councilor representing the district where the gaming establishment seeks to operate must attach all documentary requirements in Sections 6 and 7 (Section 12(a)).
The filed resolution for fixed term special permit is acted upon in accordance with the Quezon City Council’s Internal Rules (Section 12(b)).

Regulatory requirements for operation

Gaming establishments must comply with specified regulatory conditions unless exempted by the capitalization rule in Section 9(a) (Section 9).

Capitalization, location, and distance rules

Gaming establishments with capitalization of at least PHP 200,000,000.00 are not covered by the regulatory requirements in Section 9 (Section 9(a)).
No gaming establishment may operate within a two hundred (200) meter radius from any place of worship or institution of learning (Section 9(b)).
No gaming establishment may operate within a three hundred (300) meter radius of another gaming establishment of the same type (Section 9(b)).
Existing operators not compliant with the distance requirement are exempt during the subsistence of their current fixed term special permit; upon expiration, if the gaming establishment was put up prior to another gaming establishment, that other establishment is qualified to one renewal of its fixed term special permit, after which it must transfer (Section 9(b)).

Time, admission, advertising, and conduct limits

No gaming establishment may open earlier than 11:00 in the morning on any day (Section 9(c)).
No person below twenty-one (21) years old may be admitted; in case of doubt, the operator or owner must require production of necessary identification to ascertain age; notice of non-admission must be posted at the entrance and exit (Section 9(d)).
No advertisement or streamer promoting gaming establishments may be placed in front of or within a one hundred (100) meter radius of any place of worship or institution of learning in Quezon City (Section 9(e)).
No gaming establishment may conduct games of chance on credit (Section 9(f)).

Complaint handling and permit transfer restriction

Upon complaint by any person, body, or organization, the Committee on Games and Amusement shall investigate violations of the ordinance, city or national government rules, and any disorder or disturbance to the community caused or being caused (Section 9(g)).
The committee report must include detailed findings and recommendations and must be submitted to the City Legal Office and BPLO for appropriate action (Section 9(g)).
No special permit grantee may transfer or assign the special permit to another person, natural or juridical, regardless of relationship or affiliation (Section 9(h)).

Dress code

No person may be allowed entry in a gaming establishment while wearing sando, slippers or shorts (Section 9(i)).

Grounds for disapproval or revocation

A special permit may be disapproved or revoked if the owner/operator (or authorized representative) fails to appear, without justifiable cause, before the committee hearing where the application is scheduled to be heard (Section 13(a)).
A special permit may be disapproved or revoked for falsification, alteration, or misrepresentation of any documentary requirement under Sections 6 and 7 (Section 13(b)).
A special permit may be disapproved or revoked if operation commences before the grant of the short term or fixed term special permit (Section 13(c)).
A special permit may be disapproved or revoked for violation of any regulatory requirements in Section 9 (Section 13(d)).
A special permit may be disapproved or revoked for violation of Section 14 (c) and 15.1 (Section 13(e)).

Special rules for barangay bingo and charitable causes

Barangay and community-organized bingo games with cumulative monetary and non-monetary prizes not exceeding PHP 20,000.00 are not required to apply for a short term permit (Section 14).
Barangay and community-organized bingo games with cumulative prizes exceeding PHP 20,000.00, organized for raising funds for a charitable cause, must comply with Section 11 and follow prescribed documentary requirements (Section 14).

Organizers’ documentary submission

Organizers of barangay- and community-organized bingo games must submit documents to the Secretary to the Sanggunian at least thirty (30) days before conduct (Section 14(a)).
For submission, the organizers must provide: barangay clearance for community-organized bingo or barangay resolution for barangay-organized bingo; a description of the fund-raising activity and target beneficiary including statement of prospective benefits; a Memorandum of Agreement signed by organizers’ and beneficiaries’ representatives; and a certified list of monetary and non-monetary prizes (Section 14(a)(1)-(4)).

Allocation of proceeds and proof requirement

For community-organized bingo games, seventy percent (70%) of proceeds must go directly to the target beneficiaries (Section 14(b)).
For barangay-organized bingo games, proceeds must go directly to the Barangay’s general fund for development projects subject to usual accounting procedures (Section 14(b)).
For community-organized bingo games, organizers must submit to the Committee within thirty (30) days from the date of conduct substantial proof that seventy percent (70%) of proceeds were given to target beneficiaries (Section 14(c)).

Barangay-sponsored cockfighting rules

A short term special permit is granted to the listed barangays only if the activity falls within their corresponding patronal fiesta dates listed in Section 15 (Section 15).
Only cockfighting activities sponsored by the barangay council qualify for a short term special permit (Section 15.1 / Limitations).

Allowed venues and banned dates

Except as provided, cockfighting is allowed only in licensed cockpits and in arenas duly authorized by the City government as venues for such events (Section 15.1(1)).
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 elections or referendums (Section 15.1(1)).

Temporary cockfight limits outside licensed cockpits

A special permit for cockfighting outside a licensed cockpit is allowed only during the barangay patronal fiesta sponsored by the barangay council for not more than three (3) days, and no cockfight may be held during regular scheduled cockfights in licensed cockpits (Section 15.1(2)).
Where different patron saints are celebrated, the original or main patron saint(s listed in Section 6 controls for permit purposes (Section 15.1(2)).

No puroks/sitios and proximity restrictions

No puroks and sitios receive a special permit for cockfighting during their founding anniversary or patronal fiesta (Section 15.1(3)).
No cockfights may occur within a two hundred (200) meters radius of any place of worship or institution of learning (Section 15.1(4)).

Temporary cockpit construction and admission

A temporary cockpit must be established in enclosed premises with one or more gates or doors for definite entry/exit points and sufficient space for bettors, gaffer, bet taker and referee (Section 15.1(5)).
No person below twenty-one (21) years of age may enter the temporary cockpit; promoters must require identification to ascertain true age in case of doubt (Section 15.1(6)).
No other games of chance of any kind may be permitted on the premises where the cockfighting activity is held (Section 15.1(7)).

Allocation of proceeds

Proceeds from cockfighting activities must go directly to the Barangay’s General Fund for development projects subject to usual accounting procedures (Section 15.1(8)).

Activity report requirement

An official activity report signed by all members of the Barangay Council must be submitted not later than three months after the cockfighting activity is held to the Barangay Operations Center and the Sangguniang Panlungsod Committee on Games and Amusement through the Secretary to the Sanggunian (Section 15.2).
The activity report must state: number of attendees, number of cockfights (soltada), amount of funds raised, and the barangay development projects to which proceeds are to be/ were used (Section 15.2).
Failure to submit the activity report is grounds for denial of a special permit for future cockfighting activities (Section 15.2).

Supervision and accountability

General supervision, management of peace and order, public safety and security, sanitation and environmental protection, and accountability for any unforward incidents in the conduct of the cockfighting activity vest with a barangay duly authorized under the ordinance (Section 15.3).

Effect of lack of special permit and operational closure

No business permit may be issued to any person engaged in operating a gaming establishment who fails to present a special permit upon application for issuance or renewal of the business permit (Section 16).
The City Government may immediately close gaming establishments operating with expired licenses and those operating games of chance other than the games authorized by their permit (Section 16).

Taxes, fees, and charges

Gaming establishments covered by the ordinance must pay 3% of gross sales plus all taxes, fees, and charges under the Quezon City Revenue Code of 1993, as amended, and other Quezon City ordinances and regulations (Section 17).

Penalties for violations

Any violation of any provision of the ordinance is punished as follows (Section 18).

Short term special permits

Organizing or conducting cockfights, bingo games, and other games of chance not in compliance with the ordinance results in, upon conviction, a fine of PHP 5,000.00 or imprisonment of one (1) year, or both, at the discretion of the court (Section 18(a)).

Fixed term special permits

First offense: administrative fine of PHP 5,000.00 (Section 18(a)).
Second offense: suspension of operation for thirty (30) days and fine of PHP 5,000.00 (Section 18(b)).
Third offense: cancellation or revocation of the fixed term special permit granted (Section 18(c)).

Repeal of inconsistent ordinances

Sections 12 and 14 of Ordinance No. SP No. 0463, S-1996, and all other ordinances, orders, rules, and regulations or parts inconsistent with the ordinance are repealed accordingly (Section 19).

Legislative timeline and approval record

The ordinance is enacted on March 10, 2014 by the City Council and approved on May 05, 2014 by the City Mayor.
The ordinance includes certification that it was approved on Second Reading on March 10, 2014 and passed on Third/Final Reading on March 17, 2014.