WHEREAS, the continued growth of horse racing will inevitably result in the development of related industries which at present are nonexistent and/or not fully exploited;
WHEREAS, it is necessary to restore integrity to the sport to make it compatible with the ideals of sports development under the New Society;
WHEREAS, horse racing as one of the oldest and universally popular diversions of man has become highly specialized and sophisticated so as to necessitate more attention of the Government; and
WHEREAS, it is imperative that a specialized body be created which shall have a thorough and closer supervision and control of all aspects of the sport in order to insure public benefit;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081,dated September2l, 1972, as amended by Proclamation No. 1104, dated January 17, 1973, and General Order No. 1, dated September 22, 1972, as amended, in order to effect the desired and necessary changes and reforms in the social and economic structure of our society, do hereby order and decree and make as part of the law of the land the following:
SECTION 1. Declaration of Policy. — It is the declared policy to promote and direct the accelerated development and continued growth of horse racing nut only in pursuance of the sports development program but also in order to insure the full exploitation of the sport as a source of revenue and employment.
SEC. 2. Creation of the Philippine Racing Commission. — For the purpose of carrying out the above declared policy, there is hereby created a Philippine Racing Commission, hereinafter referred to as the Commission, which shall be directly under the administrative supervision of the Office of the President of the Philippines.
SEC. 3. Aims and Objectives. — The Commission shall have the following aims and objectives:
SEC. 4. Membership of the Commission. — The Commission shall be composed of a chairman and four members to be appointed by the President of the Philippines, upon the recommendation of the Metropolitan Association of Race Horse Owners, Inc.
SEC. 5. Term of Office. — The term of office of the commissioners shall be four (4) years: Provided, That no vacancy shall be filled except for the unexpired portion of any term: And provided, further, That any member of the Commission whose term of office has expired shall remain in office until his successor shall have been duly appointed and qualified. The Chairman and members of the Commission may be suspended or removed by the President of the Philippines.
SEC. 6. Meetings and Quorum. — The Commission shall meet regularly once a week and as often as the exigencies of the service may demand, upon the call of the Chairman or upon the request of two (2) members of the Commission. The vote of at least three (3) members shall be necessary for the adoption of any rule, resolution or decision of the Commission.
SEC. 7. Allowances and Per Diems. — The Chairman of the Commission shall receive a monthly commutable allowance of one thousand pesos (P1,000) and a per diem not to exceed three hundred pesos (P300) for each meeting actually attended by him: Provided, That such allowance and per diems shall not exceed two thousand two hundred pesos (P2,200) during any one (1) month.
The other members of the Commission shall receive a monthly commutable allowance of eight hundred pesos (P800) and a per diem not to exceed two hundred pesos (P200) for each meeting actually attended by them: Provided, That such allowance and per diems shall not exceed one thousand six hundred pesos (P1,600) during any one (1) month for each member.
SEC. 8. Jurisdiction, Powers and Functions. — Generally, the Commission shall have exclusive jurisdiction and control over every aspect of the conduct of horse racing, including the framing and scheduling of races, the construction; and safety of racetracks, the allocation of prizes, and the security of racing.
The functions of the Games and Amusements Board with respect to horse racing, except those related to the supervision and regulation of getting in horse racing as provided for in Sections 6, 11, 15, 18, and 24 of Republic Act No. 309, as amended, are hereby transferred to the Commission.
The Games and Amusements Board shall continue to supervise jai alai, boxing and wrestling activities as provided in existing applicable laws.
SEC. 9. Specific Powers. — Specifically, the Commission shall have the power:
SEC. 10. Other Powers and Duties. —
SEC. 11. Funding. — In order to provide necessary funds to cover the expenses of the Commission and such other purposes authorized under this Decree, one per centum (1%) of the gross receipts derived from the total sale of tickets for daily double, llave forecast, jackpot and other similar events is hereby constituted as a special fund to be used by the Commission: Provided, however, That the one per centum (1%) of the gross receipts derived from the total sale of tickets for pari-mutuel races shall continue to be retained as a special fund for the use of the Games and Amusements Board: Provided, further, That to promote clean and honest horse racing, licensed jockeys or trainers who are suspended by the Commission for violation of existing rules on horse racing shall be temporarily suspended from all benefits other than medical and hospitalization expenses during the period of suspension.
SEC. 12. Audit. — The Commission on Audit shall appoint a representative who shall be the Auditor or the Commission and the necessary personnel to assist said representative in the performance of his duties.
SEC. 13. Applicability of the Civil Service Law and Exemption from WAPCO Coverage. — All personnel of the Commission are subject to the provisions of the Civil Service Law, rules and regulations. However, the regular professional and technical personnel are exempt from the coverage of the Wage and Position Classification Office.
SEC. 14. Supplies and Services Other than Personnel. — All purchase of supplies or contracts for services, except for personal services, entered into by the Commission shall be done through competitive public bidding; Provided, That bidding shall not be required when (1) an emergency, as certified by the Chairman, required immediate delivery of the supplies or performance of the services, and (2) the aggregate amount involved in any one purchase of supplies or procurement of services does not exceed ten thousand pesos (P10,000), in which case, such purchase or procurement may be made in the usual course of business: Provided, further, That the Commission’s emergency purchase of supplies and services shall not exceed the amount of fifty thousand pesos (P50,000) for any one (1) month; Provided, finally, That in comparing bids and in making awards, the Commission shall consider such financial responsibility, skill, experience, integrity, and ability to furnish repairs and maintenance services; the time of delivery or performance offered; and the bidder's compliance with the specifications desired.
SEC. 15. Transitory Provision. — Pending the organization of the Commission, the Games and Amusements Board shall continue to exercise the duties and functions transferred to the Commission. The personnel of the Games and Amusements Board whose functions and duties are transferred to the Commission may be retained in the Board; but those not so retained shall be transferred to the Commission, unless the Commission determines otherwise. Those not retained in the Board nor transferred to the Commission shall be considered separated from the service: Provided, That the separated personnel who are entitled to retire under existing retirement laws shall be so retired: Provided, further, That those who shall not be retired under existing retirement laws shall be entitled to and paid a gratuity equivalent to one (1) month salary for every year of service in the Government on the basis of the highest salary received by them, subject to availability of funds.
The Commission is hereby authorized to reorganize the National Stud Farm and such reorganization shall be submitted to the President for approval within six (6) months from the promulgation of this Decree. Pending the reorganization, the Farm shall be under the supervision and control of the Commission.
SEC. 16. Repealing Clause. — The provisions of Republic Act No. 309, as amended, and all other acts, decrees, executive orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Decree are hereby either repealed or modified accordingly.
SEC. 17. Separability Clause. — The provisions of this Decree are hereby declared to be separable and in the event any one or more of such provisions are held unconstitutional, the validity of other provisions shall not be affected.
SEC. 18. Effectivity. — This Decree shall take effect immediately.
Done in the City of Manila, this 20th day of March, in the year of Our Lord, nineteen hundred and seventy-four.
(Sgd.) FERDINAND E.
MARCOS |
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President |
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Republic of the Philippines |
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By the President: | ||
(Sgd.) ALEJANDRO
MELCHOR |
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Executive Secretary |