WHEREAS,
cockfighting has been and still is a popular, traditional and customary
form of recreation and entertainment among Filipinos during legal
holidays, local fiestas, agricultural, commercial and industrial fairs,
carnivals or expositions;chanroblesvirtualawlibrary
WHEREAS, by reason of the aforestated meaning and connotation of
cockfighting in relation to Filipino customs and traditions, it should
neither be exploited as an object of commercialism or business
enterprise, nor made a tool of uncontrolled gambling, but more as a
vehicle for the preservation and perpetuation of native Filipino
heritage and thereby enhance our national identity.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order to be part of the laws of the land, the
following: chanroblesvirtualawlibrary
Section 1. Title. — This Decree shall be known as the
"Cockfighting Law of 1974".
Section 2. Scope. — This law shall govern the
establishment, operation, maintenance and ownership of cockpits.
Section 3. Declaration of Policy. — It is hereby
declared a policy of the government to insure within the framework of
the New Society maximum development and promotion of wholesome
recreation and amusement to bring about the following goals:cralaw:red
(a) To effectively control and regulate cockfighting
towards its establishment as a national recreation, relaxation and
source of entertainment;chanroblesvirtualawlibrary
(b) To provide additional revenue for our tourism
program; and
(c) To remove and prevent excessive and unreasonable
business operation and profit considerations in the management of
cockpits and, instead preserve Philippine customs and traditions and
thereby enhance our national identity.
Section 4. Definition of Terms. — As used in this
law, the following terms shall be understood, applied and construed as
follows:cralaw:red
(a) Cockfighting — shall embrace and mean the
commonly known game or term "cockfighting derby, pintakasi or tupada",
or its equivalent terms in different Philippine localities.
(b) Zoning Law or Ordinance — Either both national or
local city or municipal legislation which logically arranges,
prescribes, defines and apportions a given political subdivision into
specific land uses as present and future projection of needs warrant.
(c) Bet Taker or Promoter — A person who calls and
takes care of bets from owners of both gamecocks and those of other
bettors before he orders commencement of the cockfight and thereafter
distributes won bets to the winners after deducting a certain
commission.
(d) Gaffer (Taga Tari) — A person knowledgeable in
the art of arming fighting cocks with gaff or gaffs on either or both
legs.
(e) Referee (Sentenciador) — A person who watches and
oversees the proper gaffing of fighting cocks, determines the physical
condition of fighting cocks while cockfighting is in progress, the
injuries sustained by the cocks and their capability to continue
fighting and decides and make known his decision by work or gestures
and result of the cockfight by announcing the winner or declaring a tie
or no contest game.
(f) Bettor — A person who participates in cockfights
and with the use of money or other things of value, bets with other
bettors or through the bet taker or promoter and wins or loses his bet
depending upon the result of the cockfight as announced by the Referee
or Sentenciador. He may be the owner of fighting cock.
Section 5. Cockpits and Cockfighting: In General. —chanroblesvirtualawlibrary
(a) Ownership, Operation and Management of Cockpits.
— Only Filipino citizens not otherwise inhibited by existing laws shall
be allowed to own, manage and operate cockpits. Cooperative
capitalization is encouraged.
(b) Establishment of Cockpits. — Only one cockpit
shall be allowed in each city or municipality, except that in cities or
municipalities with a population of over one hundred thousand, two
cockpits may be established, maintained and operated. chanroblesvirtualawlibrary
(c) Cockpits Site and Construction. — Cockpits shall
be constructed and operated within the appropriate areas as prescribed
in Zoning Law or Ordinance. In the absence of such law or ordinance,
the local executives shall see to it that no cockpits are constructed
within or near existing residential or commercial areas, hospitals,
school buildings, churches or other public buildings. Owners, lessees,
or operators of cockpits which are now in existence and do not conform
to this requirement are given three years from the date of effectivity
of this Decree to comply herewith. Approval or issuance of building
permits for the construction of cockpits shall be made by the city or
provincial engineer in accordance with their respective building codes,
ordinances or engineering laws and practices.
(d) Holding of Cockfights. — Except as provided in
this Decree, cockfighting shall be allowed only in licensed cockpits
during Sundays and legal holidays and during local fiestas for not more
than three days. It may also be held during provincial, city or
municipal, agricultural, commercial or industrial fair, carnival or
exposition for a similar period of three days upon resolution of the
province, city or municipality where such fair, carnival or exposition
is to be held, subject to the approval of the Chief of Constabulary or
his authorized representative: Provided, that, no cockfighting on the
occasion of such fair, carnival or exposition shall be allowed within
the month of a local fiesta or for more than two occasions a year in
the same city or municipality: Provided, further, that no cockfighting
shall be held on December 30 (Rizal Day), June 12 (Philippine
Independence Day), November 30 (National Heroes Day), Holy Thursday,
Good Friday, Election or Referendum Day and during Registration Days
for such election or referendum.
(e) Cockfighting for Entertainment of Tourists or for
Charitable Purposes. — Subject to the preceding subsection hereof, the
Chief Constabulary or his authorized representative may also allow the
holding of cockfighting for the entertainment of foreign dignitaries or
for tourists, or for returning Filipinos, commonly known as
"Balikbayan", or for the support of national fund-raising campaigns for
charitable purposes as may be authorized by the Office of the
President, upon resolution of a provincial board, city or municipal
council, in licensed cockpits or in playgrounds or parks: Provided,
that this privilege shall be extended for only one time, for a period
not exceeding three days, within a year to a province, city, or
municipality.
(f) Other games during cockfights prescribed. — No
gambling of any kind shall be permitted on the premises of the cockpit
or place of cockfighting during cockfights. The owner, manager or
lessee off such cockpit and the violators of this injunction shall be
criminally liable under Section 8 hereof.
Section 6. Licensing of Cockpits. — City and
municipal mayors are authorized to issue licenses for the operation and
maintenance of cockpits subject to the approval of the Chief of
Constabulary or his authorized representatives. For this purpose,
ordinances may be promulgated for the imposition and collection of
taxes and fees not exceeding the rates fixed under Section 13,
paragraphs (a) and (b); and 19; paragraph (g) 16 of Presidential Decree
No. 231, dated June 28, 1973, otherwise known as the Local Tax Code, as
amended.
Section 7. Cockfighting Officials. — Gaffers,
referees or bet takers or promoters shall not act as such in any
cockfight herein authorized, without first securing a license renewable
every year on their birth month from the city or municipality where
such cockfighting is held. Cities and municipalities may charge a tax
of not more than twenty pesos. Only licensed gaffers, referees, bet
takers or promoters shall officiate in all kinds of cockfighting
authorized in this Decree.
Section 8. Penal Provisions. — Any violation of the
provisions of this Decree and of the rules and regulations promulgated
by the Chief of Constabulary pursuant thereto shall be punished as
follows:cralaw:red
a. By prision correccional in its maximum period and
a fine of two thousand pesos, with subsidiary imprisonment in case of
insolvency, when the offender is the financier, owner, manger or
operator of a cockpit, or the gaffer, referee or bet taker in
cockfights; or the offender is guilty of allowing, promoting or
participating in any other kind of gambling in the premises of cockpits
during cockfights.
b. By prision correccional or a fine of not less than
six hundred pesos nor more than two thousand pesos or both, such
imprisonment and fine at the discretion of the court, with subsidiary
imprisonment in case of insolvency, in case of any other
offender. chanroblesvirtualawlibrary
Section 9. Repealing Clause. — The provisions of
Section 2285 and 2286 of the Revised Penal Code, Republic Act No. 946,
all laws, decrees, rules and regulations, or orders which are
inconsistent with this Decree are hereby repealed or modified
accordingly.
Section 10. Date of Effectivity. — This Decree shall
take effect after fifteen (15) days following the completion of its
publication in the Official Gazette.
Done in the City of Manila,
this 9th day of May, in the year of Our Lord, nineteen hundred and
seventy-four.
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