Policy and scope of regulation
- Cockfighting is regulated by requiring that it occurs only under strict location, licensing, and operational conditions.
- Cockpits are regulated to protect public health and sanitation through required engineering and health certificates.
- Cockpits are regulated to preserve public order through restrictions on persons, entry, weapons, and prohibited activities.
- The prohibition regime applies to cockpit operations, cockpit premises, and (for liquor) a defined surrounding distance.
Definitions and key concepts used
- The Executive Order regulates a cockpit as the premises where cockfighting is conducted under the required permits and licenses.
- “Cockfight” refers to the event for which a per-cockfight charge is imposed under the license tax.
- “Cockpit enclosure” is the physical boundary referred to for the one hundred lineal meters liquor prohibition.
Where cockfighting may occur
- Cockfighting shall take place only in licensed cockpits.
- Cockfighting may be conducted only on legal holidays other than Rizal Day.
- Cockfighting may be held for a period not exceeding three days during a town fiesta, as fixed by the Municipal Council.
- No cockpit shall be constructed or permitted to operate within one thousand lineal meters from specified public and community places, including: 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.
Licensing, permits, and required approvals
- Before a cockpit begins to operate, the owner or concessionaire shall apply for a permit.
- Permits are obtained from the Treasurer of the city concerned if authorized by its charter; otherwise, in a municipality or municipal district, the permit is obtained from the Provincial Treasurer or his duly authorized representative.
- No permit shall be issued unless the owner or concessionaire presents:
- a certificate from the City or District Engineer certifying building suitability; and
- a certificate from the City or District Health Officer certifying the sanitary condition of the building.
- The permit process requires prior payment to the city or municipal treasury of the proper fee or tax, as required by the Executive Order or existing local 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.
Fees, license taxes, and payment rules
- The license requires payment of 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 upon approval of the President.
- Only after payment of the required fee or tax for at least one quarter may the cockpit proceed consistent with the permit requirement.
Prohibited activities and operational restrictions
- No card game or games of chance of any kind shall be permitted in the premises of a cockpit.
- No person under the age of eighteen (18) years shall be allowed within the premises of a cockpit.
- No person under the influence of liquor shall be allowed to enter or stay in the premises.
- With the exception of the referee and the respective asoltadores and other employees not exceeding four (4), no person shall be allowed to stay within the ring during any cockfight.
- Any peace officer may enter or stay in the premises to maintain peace and order.
- No intoxicating liquor of any kind shall be sold in the premises of any cockpit.
- No intoxicating liquor shall be sold within one hundred (100) lineal meters from the cockpit enclosure.
- No firearm or any deadly weapon shall be permitted to be carried within the premises of a cockpit, except by peace officers in the due performance of official duties.
- Operators must maintain continuous compliance: it is the duty of the owner or concessionaire to ensure these rules are properly observed and that peace and order is maintained at all times within the cockpit premises.
Venue construction limitations and parking road restrictions
- No permit shall be issued for construction or operation of a cockpit on a lot not provided with sufficient space for parking.
- The public roads or highways shall not be used for cockpit-related purposes involving parking or such use in connection with cockpit operation.
Entry by minors, liquor, and workforce limits
- Persons under 18 years are barred from the premises of any cockpit.
- Persons under the influence of liquor are barred from entry or continued stay in the premises.
- Ring access is strictly limited during cockfights to the referee, the respective asoltadores, and not more than four (4) other employees, subject to peace officer intervention for peace and order.
Enforcement, protests, appeals, and final decisions
- A person who believes a cockpit is established or located in an unauthorized place may file a protest with the Secretary of the Interior.
- After proper investigation, the Secretary of the Interior is authorized to decide the case or to cancel the permit and license.
- Any action taken by the City, Provincial or Municipal Treasurer under the permit and license provisions (paragraphs three and four) may be appealed to the Secretary of the Interior.
- The Secretary of the Interior’s decision on appeal is final.
Revocation and forfeiture for violations
- Any violation of the rules and regulations is sufficient cause for:
- revocation by the Secretary of the Interior of the permit; and
- forfeiture of the license.
Transitional provisions for existing cockpits
- Cockpits operating on January 1, 1941 that are within the prohibited zones or distances under paragraph two must receive one year’s notice to close, transfer, or otherwise comply with the provisions.
- The Secretary of the Interior, with the approval of the President, may authorize continued operation in special cases for justifiable reasons.