Legal basis and covered subject matter
- Commonwealth Act No. 601 is the statutory basis under which the President issues rules regulating the establishment, maintenance and operation of places of amusement in chartered cities and municipal districts.
- The Executive Order expressly establishes regulatory rules governing cockpit operations, including licensing, location limits, facility standards, and conduct inside cockpits.
Policy and regulatory intent
- The Executive Order is designed to regulate cockpit operations by requiring government permission, imposing location and safety/sanitation conditions, and controlling public access and conduct within cockpit premises.
- It emphasizes maintaining sanitary conditions and peace and order within cockpit premises.
Definitions and key terms
- The Executive Order uses the following operative concepts without formal definitions:
- Cockpit and its operation.
- Cockfight held in the cockpit.
- Permit and license issued by local treasurers and city/municipal authorities.
- Prohibited zones or distances from specified public places and institutions.
Where cockfights may occur
- Cockfighting shall take place only in licensed cockpits.
- Cockfighting may be held only on legal holidays other than Rizal Day.
- Cockfighting is limited to a duration of not exceeding three days during the celebration of the town fiesta as fixed by the Municipal Council.
- Cockpits may not be constructed or permitted to operate within one thousand lineal meters from any city hall or municipal building, provincial building, public plaza, public school, church, hospital, athletic stadium, public park, or any institution of learning or of charity.
- A cockpit cannot be authorized for construction or operation on a lot that does not provide sufficient space for parking, and public roads or highways cannot be used for cockpit-related parking.
Permit, license, and required conditions
- Before a cockpit begins to operate, the owner or concessionaire must apply for a permit.
- The permit application is made to:
- the treasurer of the city concerned if authorized by its charter; or
- the Provincial Treasurer (or the Provincial Treasurer’s duly authorized representative) for a municipality or municipal district.
- No permit is issued without certificates from:
- the City or District Engineer certifying the building’s suitability; and
- the City or District Health Officer certifying the building’s sanitary condition.
- The permit process requires payment of the proper fee or tax first to the city or municipal treasury as required by the Executive Order or existing ordinances for a period of at least one quarter.
- In addition to the permit, the owner or concessionaire must obtain a license from the treasurer of the city, municipality, or municipal district concerned.
- The owner or concessionaire must pay a municipal license tax of:
- not less than PHP 200 annually or PHP 50 quarterly; and
- PHP 0.25 (twenty-five centavos) for every cockfight held in the cockpit.
- Existing ordinances prescribing higher fees than PHP 200 annually or PHP 50 quarterly remain in force until otherwise provided for by the President.
- A city or municipal council may impose a higher fee only upon approval of the President.
Location challenges, appeals, and final decisions
- Any person who believes that a cockpit is established or located in any place not authorized by the Executive Order may file a protest with the Secretary of Interior.
- After proper investigation, the Secretary of Interior is authorized to decide the case or cancel the permit and license.
- Any action of the City, Provincial or Municipal Treasurer under the permit-and-license provisions may be appealed to the Secretary of the Interior.
- The decision of the Secretary of the Interior on appeal shall be final.
Operational prohibitions and conduct rules
- No card game or any games of chance of any kind shall be permitted within the premises of a cockpit.
- No person under the age of eighteen years may enter or stay within cockpit premises.
- No person under the influence of liquor may be allowed to enter or stay within cockpit premises.
- During cockfights, only the referee, the respective asoltadores and other employees not exceeding four may stay within the ring.
- A peace officer may enter or stay in the cockpit premises if necessary to maintain peace and order.
- No intoxicating liquor of any kind may be sold:
- within the premises of any cockpit; or
- within one hundred lineal meters from the cockpit enclosure.
- No firearm or deadly weapon may be carried within cockpit premises except by peace officers in the due performance of official duties.
Duties of owners and peace maintenance
- The owner or concessionaire must ensure that the Executive Order’s rules and regulations are properly observed and that peace and order are maintained at all times within cockpit premises.
- Peace and order requirements are enforced through the rules on authorized persons inside the ring and the allowance for peace officers to intervene when necessary.
Violations, revocation, and forfeiture
- Any violation of the Executive Order’s rules and regulations constitutes sufficient cause for the revocation by the Secretary of the Interior of the permit granted.
- The same violation results in the forfeiture of the license issued.
Transitory rules for existing cockpits
- Cockpits operating on January 1, 1941 that are within the prohibited zones or distances under the Executive Order must receive one year’s notice to close, transfer, or otherwise comply.
- The Secretary of the Interior, with the approval of the President, may authorize continuance in special cases and for justifiable reasons.