WHEREAS,
Cockfighting as a Filipino heritage has developed to the extent that
there is a need to reconcile the interest of Filipino gamefowl breeders
and the interest of promoters/operators of international cockfight
derbies who make use of imported gamefowls;chanroblesvirtualawlibrary
WHEREAS, a recognition of the entertainment and attraction to tourism
aspects of cockfighting must be coupled with continuous government
regulation of such sport;chanroblesvirtualawlibrary
WHEREAS, there is need to consolidate in one agency the authority,
functions and responsibilities pertinent to the regulation of the
various aspects of cockpit operation, cockfighting and gamefowl
breeding governments as provided for the Revised Penal Code and various
ordinances and national agencies as provided for in their enabling acts
and statutes;chanroblesvirtualawlibrary
WHEREAS, in keeping with the multifaceted reforms and changes, there
was a need to amend Sections 2285 and 2286 of the Revised
Administrative Code through the promulgation of Presidential Decree No.
449;chanroblesvirtualawlibrary
WHEREAS, in furtherance of the avowed policies of the government on
cockfighting as contained in Presidential Decree No. 449, there is need
to incorporate relevant details which are not explicitly provided in
Executive Order No. 636;chanroblesvirtualawlibrary
WHEREAS, under Presidential Decree No. 1416, the President is empowered
to undertake such organizational and related improvements as may be
appropriate in the light of changing circumstances and new developments.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree: chanroblesvirtualawlibrary
Section 1. Creation of the Philippine Gamefowl
Commission. — There is hereby created under the Office of the
President, the Philippine Gamefowl Commission, hereinafter referred to
as the Commission, which shall be composed of nine (9) members, as
follows: the Director of Animal Industry, the Chairman of the Games and
Amusement Board; a representative of the Ministry of Local Government
and Community Development; a representative of the Ministry of Tourism;
a representative of the Ministry of Finance; and four (4) other
members from the private sector to be appointed by the President, one
of whom shall be a representative of a nationwide recognized cockpit
owners/operators association.
The President shall designate the chairman of the Commission from among
its members.
Section 2. Powers and Functions of the Commission. —
The Commission shall have the following powers, functions and
duties: chanroblesvirtualawlibrary
a) Promulgate and enforce rules and regulations
relative to the holding of cockfight derbies and cockfights in the
Philippines including the frequency sites, conduct and operation of
such derbies and cockfights;chanroblesvirtualawlibrary
b) Issue licenses for the holding of international
derbies;chanroblesvirtualawlibrary
c) Prescribe policy guidelines for the issuance of
permits by the Bureau of Animals Industry for the importation or entry
of gamecocks into the country for breeding or competition purposes;chanroblesvirtualawlibrary
d) Fix and periodically revise whenever necessary
subject to the approval of the Ministry of Finance, the rates of
license fees and other levies that may be imposed on local derbies and
cockfights and international cockfight derbies, cockpit personnel and
employees;chanroblesvirtualawlibrary
e) To promulgate rules and regulations relative to
the holding, methods, procedures, operations and conduct of
cockfighting in general as well as accreditation of cockpit personnel
and association of cockpit owners, operators and lessees, to elevated
the standard of cockfighting;chanroblesvirtualawlibrary
f) To promulgate its own rules and procedures
relative to the conduct of its own business;chanroblesvirtualawlibrary
g) To appoint an Executive-Director, subordinate
officials and other personnel of the Commission and fix their
compensation;chanroblesvirtualawlibrary
h) To establish uniform rules and regulations to
govern actual cockfighting enforceable in all cockpits in the
Philippines and to provide sanctions for violation thereof; chanroblesvirtualawlibrary
i) To deputize any government office, entity, agency
and public officer in the implementation of all laws, decrees, letters
of instructions, general orders pertinent to cockfighting rules and
regulations issued by the Commission;chanroblesvirtualawlibrary
j) To initiate, undertake, hear and decide any
investigation for any violation of this Decree, rules and regulations
of the Commission and in connection therewith, to issue subpoena and
subpoena duces tecum;chanroblesvirtualawlibrary
k) To perform such duties and exercise such powers as
may be necessary or incidental to achieve the objectives of this Decree;chanroblesvirtualawlibrary
l) To perform such other functions as may be
authorized by law.
Section 3. The terms defined in Presidential Decree
No. 449 and Executive Order No. 636 are herein deemed incorporated.
Section 4. City and Municipal Mayors with the
concurrence of their respective Sangguniang Panlungsod or Sangguniang
Bayan, shall have the authority to license and regulate regular
cockfighting, under the supervision of the City Mayor and the
Provincial Governor, as the case may be. (See PD 1802-A)
Section 5. Such amount as may be necessary for the
operating expenses of the Commission for the current and immediately
following calendar year is hereby authorized to be appropriated out of
the appropriations for the Commission shall be included in the general
appropriations act.
Section 6. Penal Provision. — Punishable offenses as
provided for in P.D. 449 shall remain punishable under this Decree and
any violation of the rules and regulations forthwith to be issued by
this Commission shall be treated in accordance with the penal sanctions
provided therein.
Section 7. Repealing Clause. — All laws, specifically
the provisions of the Customs and Tariff Code allowing auction of
illegally imported gamecocks, decrees, charters, executive orders,
administrative orders, proclamations, rules and regulations of parts
thereof that are in conflict with this Decree are hereby repealed or
modified accordingly.
Section 8. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 16th day of January, in the year of Our Lord, nineteen hundred and
eighty-one.
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