Automatic Starting Apparatus Malfunction and Consequences
- Instances may occur where the automatic starting apparatus fails, resulting in one or more gates not opening simultaneously with others.
- Such malfunction affects the fairness and integrity of the race start.
Rights of Horse Owners When a Horse Is Declared a Non-Starter
- A horse declared a non-starter due to failure of the automatic starting apparatus is entitled to a refund of fees paid for race participation.
- Refundable fees include declaration fees, trailer fees, transportation expenses, and related costs.
Responsibilities and Penalties Imposed on Racing Clubs
- The Racing Club concerned must refund the affected horse owner the fees paid.
- Additionally, the Racing Club must pay penalties according to the repeat incident schedule:
- 1st Incident: Refund of Php5,000 if the horse is not a resident of the Racing Club; Php3,000 if it is a resident.
- 2nd Incident: Same refund amounts plus Php5,000 penalty payable to Philracom.
- 3rd Incident: Same refund amounts plus Php10,000 penalty payable to Philracom.
- 4th Incident: Same refund amounts plus a penalty at Philracom's discretion; possible investigation of the Racing Club for appropriate sanctions.
Definition of Horse Residency Status
- A distinction is made between horses that are residents of the Racing Club and those that are not, affecting the refund amounts.
Procedure Upon Occurrence of Automatic Starting Apparatus Failure
- When malfunction causes a horse to be declared a non-starter, the refund and penalty schedule applies automatically.
- Racing Clubs must comply with reimbursement and penalty payment without delay.
Enforcement and Publication of the Resolution
- The resolution mandates publication in the Official Gazette and dissemination to Racing Clubs, horse owners, and trainers for awareness and compliance.
- Ensures transparency and proper guidance within the horse racing community.
Sanctioning Power and Investigation
- Philracom reserves the right to investigate Racing Clubs after repeated incidents.
- Appropriate sanctions may be imposed if circumstances warrant, reinforcing accountability.
Summary
- This resolution establishes clear protocols for handling race start failures due to equipment malfunction, protects horse owners' interests through refunds, imposes financial penalties on Racing Clubs, and strengthens regulatory oversight to maintain horse racing integrity.