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;
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:
SECTION 1. Title.—This Decree shall be known as the
"Cockfighting- Law of 1974".
SEC. 2. Scope.—This law shall govern the
establishment, operation, maintenance and ownership of cockpits.
SEC. 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:
- To effectively control and regulate cockfighting towards its
establishment as a national recreation, relaxation and source of
entertainment;
- To provide additional avenue for our tourism program;
and
- 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.
SEC. 4. Definition of terms.—As used in this law, the
following terms shall be understood, applied and construed as follows:
- Cockfighting.—shall embrace and mean the commonly
known game or term "cockfighting derby, pintakasi or tupada", or its
equivalent terms in different Philippine localities.
- Zoning Law or Ordinance.— Either or 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.
- Bet Taker or Promoter—A person who calls and takes
care of bets from owners of both gamecocks and those of other betters
before he orders commencement of the cockfight and thereafter
distributes won bets to the winners after deducting a certain
commission.
- Gaffer (Taga Tari)—A person knowledgeable in the art of
arming fighting cocks with gaff or gaffs on either or both legs.
- 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 word or gestures the
result of the cockfight by announcing the winner or declaring a tie or
no contest game.
- 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 losses his bet
depending upon the result of the cockfight as announced by the Referee
or Sentenciador. He may be the owner of fighting cock.
SEC. 5. Cockpits and Cockfighting: In General:
- Ownership, Operation and Management of Cockpits.—Only
Filipino citizen not otherwise inhibited by existing laws
shall be allowed to own, manage and operate cockpits. Cooperative
capitalization is encouraged.
- 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.
- Cockpits Site and Construction.—Cockpits shall be
constructed and operated within the appropriate areas as prescribed in
the 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 obstruction of cockpits shall be
made by the city or provincial engineer in accordance with their
respective building codes, ordinances or engineering laws and practices.
- 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 a fair, carnival or exposition shall be allowed with 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.
- Cockfighting for Entertainment of Tourists or for Charitable
Purposes.—Subject to the preceding subsection hereof, the Chief of
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.
- 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 of such
cockpit and the violators of this injunction shall be criminally liable
under Section 8 hereof.
SEC. 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 Sections 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.
SEC. 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 birthmonth 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.
SEC. 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:
- 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, manager 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.
- By prision correccional or a fine of not less than six
hundred pesos or 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.
SEC. 9. Repealing clause.—The provisions of Sections
2285 and,2286 of the Revised Administrative Code, as amended, Article
199 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.
SEC. 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.