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[ Acts No. 4130, October 30, 1934 ]
AN ACT TO REVISE, AMEND, AND CONSOLIDATE ALL EXISTING LAWS RELATIVE TO HORSE RACES WITH SWEEPSTAKES, FOR CHARITABLE PURPOSES, CREATE A BOARD OF TRUSTEES, AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same:
SECTION 1. In order to revise, amend, and consolidate the several laws relative to horse races with sweepstakes for charitable purposes, Acts Numbered Thirty-nine hundred and twenty-three and Four thousand and sixty-eight, Act Numbered Thirty-nine hundred and eighty-nine, as amended by Acts Numbered Four thousand and forty-eight and Four thousand and eighty-seven, and section eight-A of Act Numbered Thirty-two hundred and sixty-two, inserted by Act Numbered Four thousand and seventeen, are hereby repealed, and in lieu of said provisions of law, the following are enacted:
SEC. 2. As an emergency measure, the holding of charity horse race sweepstakes not less than twice nor oftener than four times a year is hereby authorized under the conditions provided in this Act. At least two of these races shall be held in the Philippine Islands and in them only horses which have not run on any race course shall participate, and all said races shall be held under the direction and management of an office to be known as Philippine Charity Sweepstake Office and to be under the supervision of a Board of Trustees composed of five members, to wit, the Secretary of Finance, who shall be ex-officio chairman of the board, the Secretary of Public Works and Communications, the Commissioner of Health and Public Welfare, and two other members who shall be appointed each year by the Governor-General, with the consent of the Senate.
The chief of the Philippine Charity Sweepstake Office, who shall be known as General Manager, his assistants and the necessary personnel shall be appointed and their salaries shall be fixed by the Board of Trustees: Provided, however, That no officer or employee of the Insular Government or of any provincial or municipal government shall receive additional compensation for any position occupied or service rendered by him in the Philippine Charity Sweepstake Office: And provided, further, That no officer or employee of the Philippine Charity Sweepstake Office shall receive a salary in excess of six thousand pesos per annum, except the General Manager who may receive a salary of not more than seven thousand two hundred pesos per annum. The Board of Trustees may make the appointments, without taking into consideration the Civil Service Law and Rules and other Acts, and the auditor of the office, his assistants and clerks shall be appointed on nomination by the Insular Auditor. The salaries and wages of the personnel and the expenses of the organization and operation of the Philippine Charity Sweepstake Office shall be paid from the receipts thereof. The total disbursements of the Philippine Charity Sweepstake Office for carrying out the purposes of this Act shall in no case exceed the percentage fixed in section four hereof. The General Manager shall during the first half of the month of December of each year submit to the Board of Trustees an estimate of the expenses of his office for the ensuing year, including the salaries and wages of the personnel and the estimated expenses of the holding of the sweepstakes for said year, and said estimate shall not take effect until it has been approved by the Board of Trustees.
SEC. 3. The Board of Trustees shall promulgate regulations for the holding of horse race sweepstakes; shall fix the number and price of the tickets for the same and the number of tickets usually given gratis to the ticket vendors; fix the number and amount of the prizes; fix the date when the sale of tickets shall close; and designate the dates and place or places, in the Philippine Islands or abroad, where said races shall be held. Said Board may acquire, purchase, lease or hire real or personal property, make contracts or agreements or contract obligations, subject to the power of the Legislature to amend or repeal this Act or any part thereof at any time, and perform such other acts as may be necessary to carry out the purposes of this Act.
SEC. 4. The Board of Trustees shall apply and apportion the receipts from the sale of the tickets for said races as follows:
From the gross receipts for the sale of tickets, seventy-five per centum shall be deducted for the payment of the prizes and for the expenses of the management and holding of races, which expenses shall not exceed fourteen per centum of said seventy-five per centum. The remaining twenty-five per centum shall be apportioned in the discretion of the Board of Trustees, after due consideration of the recommendations of the Commissioner of Health and Public Welfare, and shall be paid over by said Board to the following organizations: The Philippine Islands Antituberculosis Society, which shall receive not less than thirty per centum; the Philippine Amateur Athletic Federation, which shall receive thirty per centum only during the first three years; the hospitals of the Insular Government and provincial and municipal governments; the National Federation of Women's Clubs; the Asociacion de Damas Filipinas; the Gota de Leche; the Associated Charities of Manila and the provinces; the Philippine Council of Boy Scouts of America; the Asilo para Invalidos de los Veteranos de la Revolution; the child welfare centers in the provinces and municipalities; and other institutions or organizations engaged in charitable, relief and health work or work for the improvement of the condition of the indigent Filipino masses in this country or abroad.
The funds given to any institution by virtue of this section shall be used for no other purposes than those authorized by the Board of Trustees.
SEC. 5. The Board of Trustees shall furnish the Philippine Charity Sweepstake Office with the necessary capital which shall from time to time be taken from the receipts set aside for the expenses of each sweepstake, until a sufficient sum shall have accumulated for said purpose: Provided, That the initial capital of the Philippine Charity Sweepstake Office required for its organization and operating expenses, not to exceed two hundred thousand pesos, shall be advanced by the Insular Treasurer out of any funds in his possession not otherwise appropriated. Said sum shall be repaid by the Philippine Charity Sweepstake Office within two years, with interest at five per centum per annum.
SEC. 6. The holding of horse races and sale of tickets authorized by this Act shall be exempt from the payment of any tax, except the tickets each of which shall bear a two-centavo internal-revenue stamp. The tickets shall be printed in the Government Bureau of Printing and shall be considered as government securities, and any person forging or altering the same shall be subject to the provisions of the Revised Penal Code governing such cases.
SEC. 7. The horse race sweepstakes organized for December fifteenth, nineteen hundred and thirty-four, of the National Charity Sweepstake, and the apportionment of the proceeds of said races shall be held and made in accordance with the provisions of Act Numbered Thirty-nine hundred and eighty-nine, as amended by Acts Numbered Four thousand and forty-eight and Four thousand and eighty-seven, after deducting from said proceeds the sum of five hundred thousand pesos to pay the outstanding obligations of the Philippine Amateur Athletic Federation: Provided, That the Antituberculosis Society may continue holding horse races as authorized by Acts Numbered Thirty-nine hundred and twenty-three and Four thousand and sixty-eight for only one year, the provisions of this Act to the contrary notwithstanding.
SEC. 8. In all cases in which the cost of any construction work for the purposes of this Act shall be in excess of three hundred thousand pesos, the Board of Trustees shall hold competitions, promulgate conditions, and fix the amount of the prize or prizes to be awarded for the best plan presented. All work to be undertaken for the purposes of this Act the cost whereof is over three thousand pesos shall be awarded to the best bidder, subject to such conditions as the Board of Trustees shall prescribe.
SEC. 9. The Board of Trustees created by this Act shall submit during the month of June of each year to the Governor-General and the Legislature, a detailed report of
SEC. 10. All acts or parts thereof inconsistent with the provisions of this Act are hereby repealed.
SEC. 11. This Act shall take effect on its approval.
Approved, October 30, 1934.
SECTION 1. In order to revise, amend, and consolidate the several laws relative to horse races with sweepstakes for charitable purposes, Acts Numbered Thirty-nine hundred and twenty-three and Four thousand and sixty-eight, Act Numbered Thirty-nine hundred and eighty-nine, as amended by Acts Numbered Four thousand and forty-eight and Four thousand and eighty-seven, and section eight-A of Act Numbered Thirty-two hundred and sixty-two, inserted by Act Numbered Four thousand and seventeen, are hereby repealed, and in lieu of said provisions of law, the following are enacted:
SEC. 2. As an emergency measure, the holding of charity horse race sweepstakes not less than twice nor oftener than four times a year is hereby authorized under the conditions provided in this Act. At least two of these races shall be held in the Philippine Islands and in them only horses which have not run on any race course shall participate, and all said races shall be held under the direction and management of an office to be known as Philippine Charity Sweepstake Office and to be under the supervision of a Board of Trustees composed of five members, to wit, the Secretary of Finance, who shall be ex-officio chairman of the board, the Secretary of Public Works and Communications, the Commissioner of Health and Public Welfare, and two other members who shall be appointed each year by the Governor-General, with the consent of the Senate.
The chief of the Philippine Charity Sweepstake Office, who shall be known as General Manager, his assistants and the necessary personnel shall be appointed and their salaries shall be fixed by the Board of Trustees: Provided, however, That no officer or employee of the Insular Government or of any provincial or municipal government shall receive additional compensation for any position occupied or service rendered by him in the Philippine Charity Sweepstake Office: And provided, further, That no officer or employee of the Philippine Charity Sweepstake Office shall receive a salary in excess of six thousand pesos per annum, except the General Manager who may receive a salary of not more than seven thousand two hundred pesos per annum. The Board of Trustees may make the appointments, without taking into consideration the Civil Service Law and Rules and other Acts, and the auditor of the office, his assistants and clerks shall be appointed on nomination by the Insular Auditor. The salaries and wages of the personnel and the expenses of the organization and operation of the Philippine Charity Sweepstake Office shall be paid from the receipts thereof. The total disbursements of the Philippine Charity Sweepstake Office for carrying out the purposes of this Act shall in no case exceed the percentage fixed in section four hereof. The General Manager shall during the first half of the month of December of each year submit to the Board of Trustees an estimate of the expenses of his office for the ensuing year, including the salaries and wages of the personnel and the estimated expenses of the holding of the sweepstakes for said year, and said estimate shall not take effect until it has been approved by the Board of Trustees.
SEC. 3. The Board of Trustees shall promulgate regulations for the holding of horse race sweepstakes; shall fix the number and price of the tickets for the same and the number of tickets usually given gratis to the ticket vendors; fix the number and amount of the prizes; fix the date when the sale of tickets shall close; and designate the dates and place or places, in the Philippine Islands or abroad, where said races shall be held. Said Board may acquire, purchase, lease or hire real or personal property, make contracts or agreements or contract obligations, subject to the power of the Legislature to amend or repeal this Act or any part thereof at any time, and perform such other acts as may be necessary to carry out the purposes of this Act.
SEC. 4. The Board of Trustees shall apply and apportion the receipts from the sale of the tickets for said races as follows:
From the gross receipts for the sale of tickets, seventy-five per centum shall be deducted for the payment of the prizes and for the expenses of the management and holding of races, which expenses shall not exceed fourteen per centum of said seventy-five per centum. The remaining twenty-five per centum shall be apportioned in the discretion of the Board of Trustees, after due consideration of the recommendations of the Commissioner of Health and Public Welfare, and shall be paid over by said Board to the following organizations: The Philippine Islands Antituberculosis Society, which shall receive not less than thirty per centum; the Philippine Amateur Athletic Federation, which shall receive thirty per centum only during the first three years; the hospitals of the Insular Government and provincial and municipal governments; the National Federation of Women's Clubs; the Asociacion de Damas Filipinas; the Gota de Leche; the Associated Charities of Manila and the provinces; the Philippine Council of Boy Scouts of America; the Asilo para Invalidos de los Veteranos de la Revolution; the child welfare centers in the provinces and municipalities; and other institutions or organizations engaged in charitable, relief and health work or work for the improvement of the condition of the indigent Filipino masses in this country or abroad.
The funds given to any institution by virtue of this section shall be used for no other purposes than those authorized by the Board of Trustees.
SEC. 5. The Board of Trustees shall furnish the Philippine Charity Sweepstake Office with the necessary capital which shall from time to time be taken from the receipts set aside for the expenses of each sweepstake, until a sufficient sum shall have accumulated for said purpose: Provided, That the initial capital of the Philippine Charity Sweepstake Office required for its organization and operating expenses, not to exceed two hundred thousand pesos, shall be advanced by the Insular Treasurer out of any funds in his possession not otherwise appropriated. Said sum shall be repaid by the Philippine Charity Sweepstake Office within two years, with interest at five per centum per annum.
SEC. 6. The holding of horse races and sale of tickets authorized by this Act shall be exempt from the payment of any tax, except the tickets each of which shall bear a two-centavo internal-revenue stamp. The tickets shall be printed in the Government Bureau of Printing and shall be considered as government securities, and any person forging or altering the same shall be subject to the provisions of the Revised Penal Code governing such cases.
SEC. 7. The horse race sweepstakes organized for December fifteenth, nineteen hundred and thirty-four, of the National Charity Sweepstake, and the apportionment of the proceeds of said races shall be held and made in accordance with the provisions of Act Numbered Thirty-nine hundred and eighty-nine, as amended by Acts Numbered Four thousand and forty-eight and Four thousand and eighty-seven, after deducting from said proceeds the sum of five hundred thousand pesos to pay the outstanding obligations of the Philippine Amateur Athletic Federation: Provided, That the Antituberculosis Society may continue holding horse races as authorized by Acts Numbered Thirty-nine hundred and twenty-three and Four thousand and sixty-eight for only one year, the provisions of this Act to the contrary notwithstanding.
SEC. 8. In all cases in which the cost of any construction work for the purposes of this Act shall be in excess of three hundred thousand pesos, the Board of Trustees shall hold competitions, promulgate conditions, and fix the amount of the prize or prizes to be awarded for the best plan presented. All work to be undertaken for the purposes of this Act the cost whereof is over three thousand pesos shall be awarded to the best bidder, subject to such conditions as the Board of Trustees shall prescribe.
SEC. 9. The Board of Trustees created by this Act shall submit during the month of June of each year to the Governor-General and the Legislature, a detailed report of
SEC. 10. All acts or parts thereof inconsistent with the provisions of this Act are hereby repealed.
SEC. 11. This Act shall take effect on its approval.
Approved, October 30, 1934.