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Malaya (May 22, 2015)

[ MANILA CITY ORDINANCE NO. 8395, May 11, 2015 ]

REGULAR SESSION NO. 148
9th City Council

Begun and held in the City Council on Thursday, the fourteenth day of April, Two Thousand Fifteen

AN ORDINANCE AUTHORIZING AND GRANTING A LINCENSE TO ESTABLISH, OPERATE AND MAINTAIN A COCKPIT ARENA TO ROYAL OCTADOME, INCORPORATED AND REGULATING GAMES OF COCKFIGTHING BY PROVIDING FOR ANNUAL FEES TO BE PAID BY THE LICENSEE, COCKPIT PERSONNEL, GAFFERS, AND BET TAKERS




SPONSORED BY:
HON. ROLANDO M. VALERIANO



PREAMBLE

WHEREAS, the Royal Octadome, Inc. (ROI), a corporation existing under Philippine laws to engage in the conduct of foreign and local tourism-related activities, intends to create and operate its first state-of-the-art Sports Stadium in the City of Manila;

WHEREAS, the company is endeavored to promote and enrich Filipino sports and culture, such as boxing, basketball, volleyball, sepak takraw, cockfigthing, among others;

WHEREAS, Section 458 (a) (3) (v) of Republic Act 7160, otherwise known as "The Local Government Code of 1991", clearly provides:
"(a) The sangguniang panlungsod, as the legislative body of the city, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the city and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the city as provided for under Section 22 of this code, and shall: x-x-x;
(3) Subject to the provisions of Book II of this Code, enact ordinances granting franchises and authorizing the issuance of permits or licenses, upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the city and pursuant to this legislative authority shall:
(v) Any law to the contrary notwithstanding, authorize and license the establishment, operation, and maintenance of cockpits, and regulate cockfighting and commercial breeding of gamecocks: Provided, That existing rights should not be prejudiced";
WHEREAS, based on the afore-cited provision, the grant or approval of a license to operate and maintain a cockpit arena by the Sangguniang Panlungsod is a condition sine qua non before a cockpit arena can commence: NOW, THEREFOR,

Be it ordained by the City Council of Manila, in session assembled, THAT:

SECTION 1. Definition of Terms.-

  a.)
Cockfighting (Sabong) - shall embrace and mean the game or term "cockfighting derby", "pintakasi", or its equivalents terms in different Philippine localities.
   
  b.)
Cockpit (Sabungan) - The properly enclosed or fenced premises or compound provided with one or more gates or doors for definite points of entrance and exit and licensed in accordance herewith for the holding of cockfighting derby, pinatakasi or its equivalent terms in different Philippines localities.
   
  c.)
Cockfight (Soltada) - The actual fight or physical combat of two (2) pitted or evenly matched gamecocks, where bets on either side are placed.
   
  d.)
Derby - A special cockfight even wherein registered cocks are pitted by weights, the championship of which is determined by the entry garnering the highest number of points.
   
  e.)
Hackfights - the ordinary fight or actual combat between two (2) pitted cocks by ulutan system or pairing.
   
  f.)
International Derby - A cockfight promotion with foreign entries.
   
  g.)
Regular Cockfight - A cockfight held on Sundays and/or allowable legal holidays.
   
  h.)
Special Cockfight - A cockfight permitted and allowed by the local government unit on days other than Sundays and allowable legal holidays upon payment of Special Permit fees.
   
  i.)
Management - The cockpit operator/owner/licensee, or any individual group concerned in running the operation of cockpits.
   
  j.)
Special Permit - A permit secured from the City Government to hold cockfighting on days other than Sundays and legal holidays.
   
  k.)
Referee (Sentenciador) - A person licensed by the City Government with full power and authority to watch and oversee the progress of the cockfight and to decide and declare winner or a draw contest.

SEC. 2. The Royal Octadome, Inc. (ROI), is hereby authorized and granted a permit/license to establish, operate and maintain a cockpit arena anywhere in the City of Manila.

The licensee is allowed to transfer the location of its cockpit arena anywhere in the City of Manila; PROVIDED, That notice shall be to the City Government in case of transfer of venue.

It may also promote and conduct special or regular cockfights and international and local derbies in stadiums, arenas and coliseums or any other similar places, owned or being rented by the licensee, in the City of Manila; PROVIDED, That it pays the Special Permit fees imposed hereunder.

SEC. 3. The licensee shall secure a Mayor's permit of Five Thousand Pesos (PhP 5,000.00), and annual Business Tax of Ten Thousand Pesos (PhP 10,000.00), payable on or before January 20 of each year.

SEC. 4. The following cockpit personnel, gaffer and bet taker shall secure permit fees as stated herenunder; to wit:
a.) Pit Manager
P. 1,000.00
 
b.) Referee (Sentenciador)
800.00
 
c.) Cashiers
500.00
 
d.) Bet Taker (Kristo)
100.00
 
e.) Bet Manager (Maciador/Kasador)
600.00
 
f.) Gaffer
600.00
 
SEC. 5. For every regular cockfight day (Sunday and all allowable legal holidays), the licensee shall pay a fee of One Thousand Two Hundred Pesos (PhP. 1,200.00), for each cockfight day payable on or before the scheduled cockfight day.

SEC. 6. Special permit fees shall likewise be paid for the following events:
a.) Special Cockfights (Pintakasi)
P. 1,500.00/day
 
b.) International Derby
10,000.00/derby
 
c.) Two-Cock Derby
4,000.00/derby
 
d.) Three-Cock Derby
5,000.00/derby
 
e.) Four-Cock Derby
6,000.00/derby
 
f.) Five-Cock Derby or more
7,000.00/derby
 
SEC. 7. All cockpit personnel, gaffers and bet takers who fail to secure a permit and pay the corresponding fees, shall be penalized by a fine of Five Thousand Pesos (PhP. 5,000.00).

SEC. 8. It shall be the duty of the licensee to see to it that his personnel, gaffers and bet takers secure the necessary permit.

SEC. 9. This authority and license shall be effective for a period of twenty five (25) years and renewable for another twenty five (25) years.

In case of tranfer or assignment of rights by the licensee, prior authority from the Sangguniang Panlungsod is necessary.

SEC. 10. Limitations. - No cockpit arena shall be established or operated by the licensee within 50 meters from the hospital, school and church.

SEC. 11. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the remainder of this Ordinance, or the provisions not otherwise affected shall remain valid and subsisting.

SEC. 12. Repealing Clause. - All ordinances, orders, resolutions, rules and regulations or part thereof inconsistent with this Ordinance are hereby repealed or modified accordingly.

SEC. 13. Royal Octadome, Inc. (ROI), or its assignee shall strictly comply with all applicable laws, ordinances and rule and regulations.

SEC. 14. Effectivity Clause. - This Ordinance shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

This Ordinance was finally enacted by the City Council of Manila on April 28, 2015.

PRESIDED BY:

(Sgd.) JOEL R. CHUA
Acting Presiding Officer
City Council, Manila  

ATTESTED:

    (Sgd.) LUCH R. GEMPIS, JR.
City Government Department Head III
     (Secretary to the City Council)

APPROVED BY HIS HONOR, THE MAYOR, ON 11 May 2015.

(Sgd.) JOSEPH EJERCITO ESTRADA
Mayor                           
City of Manila                     

ATTESTED:

   (Sgd.) EDWARD S. SERAPIO
City Government Department Head III
          (Secretary to the Mayor)
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