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MOP, BK 4, v.4,5,6, 176

[ EXECUTIVE ORDER NO. 99, March 11, 1946 ]

AMENDING EXECUTIVE ORDER NO. 320, DATED JANUARY 27, 1941 ENTITLED "REGULATING THE MAINTENANCE AND OPERATION OF RACE TRACK AND HORSE RACING"



By virtue of the powers vested in me by Commonwealth Act Numbered Six hundred and one, entitled "An Act to regulate the establishment, maintenance and operation of places of amusement in chartered cities, municipalities and .municipal districts," paragraphs 5, 7, 8, 15, 17, 18, 21, 22, and 25 of Executive Order Numbered Three hundred and twenty, dated January 27, 1941, are hereby amended to read as follows:
"5. Automatic electric totalizator or other mechanical device for selling pari mutuel tickets.- No person, race track, racing club, nor any other entity holding horse races the gross crossings of which on any race day exceeds fifty thousand pesos, shall be allowed to hold races, unless such person, race track, racing club, or entity is provided with an automatic, electrically operated public indicator system and ticket selling machines, by means of which every ticket -purchased on every horse in any race, shall be automatically and instantaneously recorded by electrical impulse on a prominently displayed bulletin board, each figure, letter, or symbol of which shall be readable from a distance. However, any such person, race track, racing club, or entity may, upon proper application, be provisionally licensed by the Board on Races to hold horse races even without the required automatic electric totalizator, provided that it shall provide itself with mechanical or other devices by which every ticket purchased on every horse in any race shall be recorded on a prominently displayed bulletin board readable from a distance in lieu of the required automatic electric totalizator which shall be subject to the approval of the Board on Races after this have been tested and found by the Board to be satisfactory; and provided, further, that such person, race track, racing club, or entity shall acquire and install within its premises the required automatic electric totalizator within such period as may be determined by the Board but not beyond June 30, 1947, and failure to comply with this requirement will cause the cancellation of their respective licenses."

"7. Stewards; judges.- There shall be at least three stewards on each racing day, who may also act as the judges of finish. They shall have the necessary powers to supervise the conduct of the races, and to enforce the rules and regulations applicable on all questions and matters arising during the racing day. It shall be their duty to see, before allowing the program of races to begin that a license therefor has been duly secured; to determine and decide the win, place, and show horses in each race; to render the decision in all events in the order the winning horses shall have crossed the tape line, and in case of closely congested events as shown by the photo-finish picture, which in all such cases shall be taken; to apply and to enforce the penalties provided against offending jockeys, trainers, horse owners, track employees, or other persons, who in any way perform duties connected with the races; and to perform such other duties as may be prescribed by the Board on Races. However, within such period as may be determined by the Board on Races but not beyond December 31, 1946, the taking of the photo-finish picture may be waived by the Board upon, showing that devices for the taking of photo-finish pictures are not available.

"8. Handicappers.- Every person, race track, racing club, or any other entity holding horse races shall employ one or more handicappers, the number to be determined by the Board on Races from time to time as circumstances may warrant. It shall be the duty of the handicappers to keep a complete and up-to-date record of all registered horses, their owners, color, height, and such other characteristics as will aid in their proper identification; the particular group or class to which each horse belongs, together with the weight each carried in the previous races participated in. The handicappers shall prepare the program of races, taking into consideration past performance and condition of each horse, and shall so group and so handicap them as to nearly as it is practicable equalize the winning chances of all the entries in each race, all in accordance with such rules and regulations as the Board on Races may prescribe. Such program shall, however, be subject to the approval of the said Board before it can be published as the official program of the person, race track, racing club, or entity concerned."

"15. Daily-double events.- Every person, race track, racing club, or any other entity holding horse racing may hold daily-double events as may be authorized by the Board on Races pursuant to the rules and regulations prescribed by said Board."

"17. Hour of running daily-double races; posting of ticket sales.- The time for the running of the first race of any daily-double event shall be determined by the Board on Races depending upon the circumstances surrounding each racing day which shall be announced to the public by the person, race track, racing club, or entity holding the races through loud speakers at the time of the selection of the races constituting the daily-double event, and the second race thereof shall be run not later than forty-five minutes after the first race. The sale of tickets for the daily-double races shall be allowed after the Board on Racessor its authorized representative has, announced to the public the two races constituting each daily-double event. There shall be at least forty-five minutes between the time of closing the sale of tickets for these races and the running of the first race of each daily-double event. The number of tickets sold on each horse in the two races of each daily-double event and the totals thereof shall be posted at conspicuous bulletin boards at an interval of thirty minutes from the time the sale of tickets begins. This information shall also be given to the public through loud speakers. The closing of the sale of tickets for each event shall be properly announced by the ringing of a bell after which no more tickets shall be sold."

"18. Totalizator receipts or wager funds; how distributed.- The total wager funds or gross receipts from the sale of pari mutuel tickets shall be apportioned as follows: eighty-seven and one-half per centum shall be distributed in the form of dividends among holders of win, place and show horses, as the case may be, in the regular races; twelve and one-half per centum shall be set aside as the commission of the person, race track, racing club, or any other entity conducting the races, which shall include the amounts for the payment of authorized stakes or prizes for win, place and show horses, and authorized bonuses for jockeys; and in the case of daily-double races, the gross receipts derived from the total sale of daily-double tickets shall be apportioned in the same manner as provided herein-above, except that the eighty-seven and one-half per centum of the gross receipts from the total sale of daily-double tickets shall foe distributed in the form of dividends among the holders of the winning combination of horses, that is, the two horses that won first place in the two races, instead of among holders of win, place and show horses, as in the case of regular races; provided, however, That of the twelve and one-half per centum representing the commission of the person, race track, racing club, or any other entity holding horse racing an amount equivalent to one-half per centum of the total wager funds or gross receipts from the sale of tickets shall be set aside and turned over by the person, race track, racing club, or any other entity holding horse racing as a special fund to the Board on Races to cover its expenses and such other purposes authorized under this Order. Any unexpended balance of this fund at the end of each year in excess of Ten thousand pesos shall be turned over to the Bureau of Animal Industry to be used by the latter exclusively for the promotion of horse breeding in the Philippines."

"21. Persons prohibited from engaging in betting.- Racing clubs, race tracks, persons or entities holding horse races and their officials including stewards, judges, handicappers, jockeys, and starters, shall not be permitted to participate, directly or indirectly, in the betting on races conducted in their own race tracks; and members of the Board on Races, including the officials and employees of the said Board, on any race."

"22. Persons prohibited admission.- Minors under eighteen years of age, except when accompanied by their parents or guardians, persons carrying deadly weapons or firearms of any description, except peace officers or officials of the race track or racing club or of the Board on Races, in the performance of their .official functions, and intoxicated persons, shall not foe admitted or allowed to remain in a race track during a racing day. Minors shall in no case be allowed to bet or to purchase wager tickets for others; and minors under fifteen years of age shall in no case be allowed admission in any race track."

"25. Issuance of tax certificate.- No city or municipal official in charge of the collection of license fees on race tracks and occupations or trades connected with horse racing mentioned in the next succeeding paragraph and those which may be determined by the Board on Races from time to time, shall collect such fees and issue a tax certificate, unless the applicant submits a license or permit in writing from the Board on Races, authorizing such applicant to operate a race track or conduct horse racing on the days specified in the license or permit or to engage in such occupations or trades."
Done at the City of Manila, this 11th day of March in the year of Our Lord, nineteen hundred and forty-six, and of the Commonwealth of the Philippines, the eleventh.

(Sgd.) SERGIO OSMEÑA
President of the Philippines

By the President:
(Sgd.) JOSE S. REYES
Secretary to the President

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