Regulatory Oversight
- The Philippine Racing Commission (PHILRACOM) supervises and regulates the conduct of races, including race scheduling, track safety, prize allocation, and race security as per Presidential Decree No. 420.
- The Games and Amusements Board (GAB) retains authority over betting operations as stipulated in Republic Act No. 309.
Betting Operations
- Only the Grantee or its authorized agents may offer, take or arrange bets, including electronically and via off-track stations, on races conducted inside or outside the Philippines.
- Unauthorized betting on races conducted by the Grantee is prohibited.
Penalties for Unauthorized Betting
- Violators face fines ranging from ₱20,000 to ₱100,000, imprisonment up to six months, or both.
- If the offender is a corporate entity, liability attaches to responsible officers.
Use of Technology and Facilities
- The Grantee is authorized to implement mechanical, electrical, and computerized technologies essential to efficient operations such as:
- Photo patrol, automatic starters, computerized totalizators, and photo finish devices.
- Facilities for horse identification, drug testing, weighing, and measurement.
- Telecommunications and broadcasting equipment for live race and betting information.
- Backup power systems and any other devices ensuring safety, security, and fair racing.
- PHILRACOM may suspend races if required facilities are not installed within three years.
- GAB personnel will supervise betting and dividend distribution.
Betting Ticket Terms
- The Grantee must clearly publish and display terms and conditions for betting ticket sales in appropriate locations.
Distribution of Wager Funds
- 82% of gross receipts go as dividends to winning ticket holders.
- 8.5% allocated for horse prizes and jockey bonuses.
- 0.5% allocated to PHILRACOM; in pari-mutuel races, this goes to GAB and the Jockeys and Trainers' Compensation Fund.
- 0.5% allocated for drug testing and facility rehabilitation.
Treatment of Breakage
- Breakage (fractional amounts under ₱0.10) is allocated as follows:
- 50% to PHILRACOM for additional race prizes and horse breeding activities.
- 25% to hospitals in the racetrack locality.
- 25% to drug rehabilitation centers as per the Comprehensive Dangerous Drugs Act.
Racing Schedule
- Authorized to hold races at least twice weekly, including all Saturdays, Sundays, and official holidays except those prohibiting races by law.
- May hold up to five days of races on the eve of public holidays starting no earlier than 5:30 PM.
- Race days allocation follows Republic Act No. 309 provisions.
Taxation Provisions
- The Grantee must pay:
- Documentary Stamp Tax on betting tickets at specified rates based on ticket cost.
- Franchise Tax: 25% of gross earnings from authorized horse races, divided among national government, local government units, municipal hospitals, and charitable organizations.
- Exemptions from other property taxes except income tax.
- Taxes assessed monthly, subject to audit under the National Internal Revenue Code.
- Winnings tax imposed on recipients at 10% (or 4% for certain bets), exempting amounts ₱10,000 or less.
- Operators must withhold and remit taxes within 20 days.
Franchise Term and Revocation
- Franchise valid for 25 years from effectivity.
- Revoked automatically if Grantee fails to:
- Begin operations within three years of operating permit approval.
- Begin operations within five years of the law’s effectivity.
- Operate continuously for at least two years.
Liability Warranty
- Grantee absolves national and local governments from claims arising from injuries or property damage during construction or operation.
Transfer and Assignment Restrictions
- Franchise or controlling interest cannot be sold, leased, transferred, or assigned without Congressional approval.
- Disclosure to Congress required within 60 days post-transaction.
- Failure to report results in ipso facto revocation.
- New holders are subject to same conditions.
Ownership Dispersal
- Grantee must offer at least 30% of outstanding capital stock via Philippine securities exchanges within five years.
- Alternative public participation methods required if public offering is not applicable.
- Noncompliance results in ipso facto revocation.
Reporting Requirements
- Annual reports must be submitted to Congress by April 30 each year, including operations updates, audited financials, and certifications from PHILRACOM and GAB.
- The report is prerequisite for permit applications and operations certifications.
Penalties for Reporting Noncompliance
- ₱500 fine per working day of failure to submit reports.
- Fines collected by PHILRACOM and remitted to the Bureau of Treasury.
Equality Clause
- Any horse racing franchise advantages granted elsewhere apply equally to the Grantee, excluding territorial coverage, term, or service type.
Repeal and Exclusivity
- Congress may amend or repeal the franchise as public interest requires.
- Franchise is non-exclusive.
Separability
- Invalidity of any provision does not affect the validity of remaining provisions.
Repealing Clause
- Inconsistent laws, decrees, orders and regulations are repealed, amended, or modified accordingly.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.