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44 OG No. 2, 401 (February 1948)
[ EXECUTIVE ORDER NO. 120, February 26, 1948 ]
REGULATING BOXING AND WRESTLING CONTESTS OR EXHIBITIONS
SECTION 1. Boxing and Wrestling Commission. — There is hereby created a Boxing and Wrestling commission to consist of a Commissioner who will be its chairman and two members, all of whom shall be appointed by the President for such term and at such rate of compensation as he may determine and shall be removable at his pleasure. For administrative purposes, the Boxing and Wrestling Commission is hereby placed under the executive supervision and control of the Department of the Interior.
SECTION 2. Definition. – For the purposes of this Order and unless the context indicates otherwise, the following terms shall bear the meaning indicated herein:
(a) “Professional boxer” or “professional wrestler” shall be one who competes for a money prize or purse or teaches or pursues or assists in the practice of boxing or wrestling as a means of obtaining a livelihood or pecuniary gain;
(b) “Purse” shall mean the prize, percentage or other remuneration for which boxing or wrestling contestants compete; and
(c) “Commission” whenever used in this Order shall refer to the Boxing and Wrestling Commission.
SECTION 3. Powers and duties of the Commission.— Subject to the administrative control of the Secretary of the Interior, the commission shall have power: (1) to supervise and regulate boxing contests and training exhibitions in connection therewith, for prizes or purses, or where an admission fee is charged or received; (2) to supervise the conduct of such officials and employees of any person, corporation, association or group of persons whose duties are connected with boxing and wrestling contests or exhibitions; (3) subject to the approval of the Secretary of the Interior, to make and promulgate such rules and regulations as may be necessary to carry out the purposes of the law concerning boxing and wrestling contests or exhibitions; (4) to cooperate with organizations engaged in the promotion and control of amateur and collegiate boxing; (5) to appoint such assistants, agents and other personnel as it shall deem necessary, and fix their salaries or compensation, subject to the approval of the Secretary of the Interior and the President of the Philippines; (6) to inspect at all times the books, records and accounts of persons, corporations, associations or groups of persons conducting boxing or wrestling contests or exhibitions, and for this purpose it may require that their books and financial or other statements shall be kept in such manner as it may prescribe; and (7) to perform such other powers and discharge such other duties as may hereafter be prescribed by law or executive order.
SEC. 4. Permits. — It shall be unlawful for any person, corporation, club, association or group of persons to stage boxing or wrestling contests or exhibitions for a purse in any form unless duly permitted by the Commission. Every permit issued shall specify the event, the opposing parties, place where the exhibition or contest is to be held, the date, time and number of rounds and other details which the Commission may deem proper. Such permit may be suspended or revoked by the Commission for any just cause.
SEC. 5. Licensing of officials, boxers, wrestlers, etc.— Persons particularly directly or indirectly in a boxing or wrestling contest or exhibition, such as judges or referees, physicians, matchmakers, professional boxers and wrestlers, their managers, trainers and second, timekeepers, announcers, and such other persons as may be included under this classification, shall first secure a license from the Commission before engaging as such. Such license shall be obtained yearly. Subject to the approval of the Secretary of the Interior, the Commission shall, by regulation, prescribe the qualifications and requisites which each applicant for a license shall possess. Any boxer or wrestler applying for a license must be first examined by a physician designated by the Commission who shall certify to both his physical and mental fitness for competition before he is granted license and as often as, but at least once a year thereafter, the Commission may direct. The boxer or wrestler shall also take the required medical examination. The Commission may, however, order the examination of a boxer or wrestler at any time for the purpose of determining whether such boxer or wrestler is fit and qualified to engage in further contest.
SEC. 6. Age of contestants. – No contestants under the age of eighteen years shall be permitted to participate in any professional boxing or wrestling contest or exhibition.
SEC. 7. Days and hours when contest or exhibition allowed. – Except as may otherwise be provided herein, boxing or wrestling contests or exhibitions shall be allowed not oftener than twice a week from 2:00 o’clock in the afternoon until not later than 12:00 o’clock midnight .
SEC. 8. Persons prohibited admission. – Persons under sixteen years of age, persons carrying firearms or deadly weapons of any description except government officials performing their official duties, intoxicated persons, and persons of disorderly nature and conduct who are apt to disturb peace and order, shall not be admitted or allowed to remain in and around the premises of the place where boxing and/or wrestling contest or exhibition is being conducted: Provided, That persons under sixteen years of age may, when accompanied by their parents or guardians, be admitted therein.
SEC. 9. Officials at boxing and wrestling contests or exhibitions. – At each boxing or wrestling contest or exhibition, the Commission shall assign from among those duly qualified and licensed, a referee or referees, judges, timekeeper, announcer, physician, and a representative of the said Commission to officiate at such contests or exhibitions, whose salaries or compensation, with the exception of such representative, shall be paid by the promoter or entity conducting the contest or exhibition. Before the start of each event, the referee shall ascertain from each contestant the name of his chief second, and shall hold such chief second responsible for the conduct of his assistant seconds during the progress of the contest or exhibition.
SEC.10. Duty of promoters or persons or entities conducting contests or exhibitions; maintenance of peace and order. – It shall be the duty of the promoter or person or entity conducting boxing or wrestling contest or exhibition to see that peace and order is maintained in the premises of the place where the contest or exhibition is being conducted, and that the rules and regulations prescribed in this Order are properly observed.
SEC.11. License fee. – The following license fee shall be paid:
(a) For promoters and persons or entities conducting boxing or wrestling contests or exhibitions, P200 each annually or P50 quarterly, if the seating capacity of the building, stadium or structure wherein the contests or exhibitions are to be held is for not more than 4,000 persons; and P400 annually or P100 quarterly, if the seating capacity is for more than 4,000 persons.
(b) For professional boxers, professional wrestlers, boxing or wrestling managers, matchmakers, physicians, and referees, P10 each annually, and for time keepers, announcers, trainers, and seconds, P5 each annually.
The above license fees shall accrue to the funds of the city or municipality where the contest or exhibition is held. Existing ordinances prescribing higher fees than those fixed herein shall remain in force until otherwise provided for by the President of the Philippines . It shall be lawful for a city or municipal council or board to impose by ordinance a higher fee than those provided herein with the approval of the President of the Philippines .
SEC. 12. Licensed physician. – It shall be the duty of every promoter or person or entity conducting boxing or wrestling contests or exhibitions to have in attendance at every such contest or exhibition at his or its own expense, a licensed physician who has had not less than three years’ medical practice, whose duty shall be to observe the physical condition of the boxers and wrestlers and advise the referees with regard thereto, and one hour before the contestants enter the ring, to certify in writing to the Commission or its representative as to the contestants’ physical condition to engage in the contest or exhibition.
SEC. 13. Rules governing boxing and wrestling contests or exhibitions. – The Commission shall, in addition to the rules provided in this Order, prescribe a set of rules governing the contests and the conduct, behavior and performance of boxers and wrestlers as well as the duties and functions of officials during a contest or exhibition inside the ring: Provided, That until such rules are promulgated, the standard rules established by law or the practices of the profession shall govern.
SEC. 14. Sham, fake or fraudulent boxing or wrestling contests or exhibitions. – Any promoter or entity conducting or participating in any sham, fake or fraudulent boxing or wrestling contest or exhibition shall thereby have his or its license revoked by the Commission; and such promoter or entity shall not thereafter be entitled to receive another such license.
Any contestant who shall participate in any sham or fake or fraudulent boxing or wrestling contest or exhibition shall, for the first offense, be suspended for a period of one year (such period to begin immediately after the occurrence of such offense) from participating in any boxing or wrestling contest or exhibition conducted or held by a promoter or person or entity licensed for such purpose; and for a second offense, he shall be totally disqualified from further admission or participation in any boxing or wrestling contest or exhibition.
SEC.15. Must file surety bond to guarantee ticket holders. – Any promoter or entity applying for boxing or wrestling license must furnish a surety bond to the Commission in an amount equivalent to twenty-five per centum of the total estimate of receipts from the full seating capacity of the building, stadium or structure wherein the contest or exhibition is to be held. This surety bond is to be conditioned for the payment to the Commission in any of the following cases:
(1) In case of failure to hold the main event contest upon the date advertised unless the same is thereafter held at a postponed date with the consent of the Commission or its representative; and
(2) In case of failure to hold said main event contest at any subsequent date fixed by the Commission or its representative for the holding thereof. The amount represented by said bond shall be payable within fifteen days after default to insure reimbursement to the purchasers of tickets for such contest or exhibition.
SEC. 16. Must file fifteen per cent bond to guarantee payment of boxers, wrestlers, officials, etc. – Any promoter or entity applying for a boxing or wrestling license must furnish an additional surety bond to the Commission in an amount equivalent to twenty-five per cent of the total estimate of receipts from the full seating capacity of the building, stadium or structure wherein the contest or exhibition is to be hold, to guarantee the payment of the services of boxers, wrestlers, referees, judges, physician, timekeeper, announcer, and other persons entitled to such payment as may be determined by the Commission.
SEC. 17. Contracts between promoters, etc., and boxers and wrestlers. – The Commission or its representative shall be furnished by the parties concerned with a copy of all contracts between promoters or other persons or entities conducting boxing or wrestling contests or exhibitions, and boxers or wrestlers, their managers, and other persons who officiate at such contests or exhibitions. Such copy of the contract shall be filed with the office of the Commission or its representative at least seven days before the contest or exhibition to which the contract relates. If two or more promoters or entities file disputed claims on the services of a boxer or wrestler, the boxer or wrestler concerned shall be automatically suspended until such claims have been adjusted or legally adjudicated.
SEC. 18. Payment of contestants. – Payment of purses of contestants shall be made immediately after the contest or exhibition, or, in case of a percentage contract, immediately after the percentage is determined by the auditor of the Commission. The promoter or entity conducting the boxing or wrestling contest or exhibition shall pay, in cash or check, all parties entitled to payment for services in the presence of an auditor of the Commission. The promoter or entity concerned shall take a receipt for all payments made and give a copy of such receipt to the representative of the Commission.
SEC. 19. Admission receipts. – The Commission shall, through its duly authorized representative, supervise the sale of admission tickets for any boxing or wrestling contest or exhibition. The sale of tickets shall not be authorized until the plans showing the seating arrangements, aisle, spacing, existing facilities, and the location of fire appliances, have been approved by the Commission or its duly authorized representative. All tickets, except complimentary tickets, shall have the price, name of the promoter or entity conducting the contest or exhibition, and the date of the show printed plainly thereon. No tickets shall be sold for more than the price as printed thereon; and any change in ticket prices or the date of the show shall be subject to approval by the Commission.
Any promoter or entity conducting a boxing or wrestling contest or exhibition shall set aside from the gross receipts derived from admission tickets on each day of business, one per centum of said total gross receipts, which shall be available to defray the general expenses of the Commission and the personnel thereof assigned to duties relating to boxing or wrestling contests or exhibitions and other authorized expenses, such total expenses to be apportioned by the Commission, with the approval of the Secretary of the Interior, among the different promoters or entities conducting boxing or wrestling contests or exhibitions.
SEC. 20. Inspectors and auditing officers. – At every boxing or wrestling contest or exhibition, the Commission shall have an inspector charged with the duty of seeing that the rules and regulations provided in this Order and those that may be issued thereunder, are strictly observed. Said inspector shall be provided with the necessary assistants, agents and employees.
The Commission shall also assign an auditing officer, who shall be present at each boxing or wrestling contest or exhibition and whose duty shall be to supervise and verify the sale of admission tickets. Such officer shall be assisted in this work by such number of assistants and employees as may be deemed necessary for the purpose.
SEC. 21. Amateur contests or exhibitions exempted. – Amateur boxing or wrestling exhibitions held by and under the auspices of schools, colleges and universities recognized by the Government or of generally recognized amateur athletic societies or federations where there is no purse to compete for shall not be governed by the provisions of this Order.
SEC. 22. Budgeting and auditing fund and expenses of Commission and personnel connected with Boxing or Wrestling contests or exhibitions – The expenditure of such funds as may be received by the Commission under the provisions of this Order to cover the expenses of the Commission and its personnel assigned to duties in connection with boxing or wrestling contests or exhibitions shall be made in pursuance of a budget to be approved by the President and audited by the Auditor General or his duly authorized representative.
SEC.23. Appeals. – Any action taken by the Commission under the provisions of this Order may be appealed to the Secretary of the Interior whose decision shall stand unless modified or revoked by the President of the Philippines .
SEC. 24. Forfeiture of sums paid to the Government .– All sums paid to the Government in payment of license fees or taxes or permit required under the provisions of this Order shall be deemed forfeited upon the cancellation or revocation of such permit or license for violation of the corresponding provision hereof.
Done at the City of Manila, this 26th day of February, in the year of Our Lord, nineteen hundred and forty-eight, and of the Independence of the Philippines , the second.
Chief of the Executive Office