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PRESIDENTIAL DECREE NO.

449
PRESIDENTIAL DECREE NO. 449 - COCKFIGHTING LAW OF 1974
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".
Section 2. Scope. This law shall govern the establishment, operation,
maintenance and ownership of cockpits.
Section 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(a) To effectively control and regulate
cockfighting towards its establishment as a national recreation, relaxation
and source of entertainment;(b) To provide additional revenue for our
tourism program; and(c) 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.
Section 4. Definition of Terms. As used in this law, the following terms shall
be understood, applied and construed as follows
(a) Cockfighting shall embrace and mean the commonly known game or
term "cockfighting derby, pintakasi or tupada", or its equivalent terms in
different Philippine localities.(b) Zoning Law or Ordinance Either 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.(c) Bet Taker or
Promoter A person who calls and takes care of bets from owners of both
gamecocks and those of other bettors before he orders commencement of
the cockfight and thereafter distributes won bets to the winners after
deducting a certain commission.(d) Gaffer (Taga Tari) A person
knowledgeable in the art of arming fighting cocks with gaff or gaffs on either
or both legs.(e) 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 work or gestures and result of the cockfight
by announcing the winner or declaring a tie or no contest game.(f) 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 loses his bet depending upon the result of the cockfight as
announced by the Referee or Sentenciador. He may be the owner of fighting
cock.
Section 5. Cockpits and Cockfighting: In General. (a) Ownership, Operation
and Management of Cockpits. Only Filipino citizens not otherwise inhibited
by existing laws shall be allowed to own, manage and operate cockpits.
Cooperative capitalization is encouraged.(b) 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. (c) Cockpits Site and
Construction. Cockpits shall be constructed and operated within the
appropriate areas as prescribed in 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 construction of cockpits shall be made by the city or provincial
engineer in accordance with their respective building codes, ordinances or
engineering laws and practices.(d) 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 fair, carnival or
exposition shall be allowed within 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.(e) Cockfighting for Entertainment of Tourists or
for Charitable Purposes. Subject to the preceding subsection hereof, the
Chief 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.(f) 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 off
such cockpit and the violators of this injunction shall be criminally liable
under Section 8 hereof.
Section 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 Section 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.
Section 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 birth month 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.
Section 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:a. 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, manger 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.b.
By prision correccional or a fine of not less than six hundred pesos nor 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.
Section 9. Repealing Clause. The provisions of Section 2285 and 2286 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.
Section 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.
PRESIDENTIAL DECREE NO. 1140
PRESIDENTIAL DECREE NO. 1140 - AMENDING THE COCKFIGHTING

LAW OF 1974
WHEREAS, several petitions have been received from local governments and
from owners, lessees
and operators of cockpits for the extension of the period within which to
comply with the zoning requirements for
the construction of cockpits as embodied in the Cockpit
Law of 1974;
WHEREAS, under said Law, owners, lessees and operators of cockpits were
required to transfer their cockpits away from residential or commercial areas,
hospitals, school buildings, churches or other public places within three years
from the effectivity of the Law, which period expired on May 9, 1977;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby extend for
another year the period within which owners, lessees and operators of
cockpits shall conform to the provisions of Cockpit Law of 1974, with respect
to cockpit sites and their onstruction.
Done in the City of Manila, this 13th day of May, in the year of Our Lord,
nineteen hundred and seventy-seven.
PRESIDENTIAL DECREE NO. 1310
PRESIDENTIAL DECREE NO. 1310 - AMENDING PRESIDENTIAL DECREE
NO. 449, OTHERWISE KNOWN AS "THE COCKFIGHTING LAW OF
1974"
WHEREAS, cockfighting has proven to be one of the major tourist attraction
in the Philippines;
WHEREAS, under existing law only one cockpit is allowed in each city or
municipality;
WHEREAS, there is a need to amend the law to allow the establishment of
additional cockpits to give impetus to our tourism program.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order and
decree:
Section 1. Section (5)b of Presidential Decree No. 449 is hereby amended to
read as follows:
"(b) Establishment of Cockpits. Only one cockpit shall be allowed in each
city or municipality: Provided, however, That in cities and municipalities with
a population of more than one hundred thousand, two cockpits may be
established, maintained and operated in the poblacion and one in each city
or town district. Section 2. This Decree shall take effect immediately.
Done in the City of Manila, this 6th day of March in the year of Our Lord,
nineteen hundred and seventy-eight.

PRESIDENTIAL DECREE NO. 1535


PRESIDENTIAL DECREE NO. 1535 - EXTENDING THE PERIOD WITHIN
WHICH TO CONFORM WITH THE ZONING REQUIREMENTS,
PRESCRIBED BY PRESIDENTIAL DECREE NO. 449, OTHERWISE
KNOWN AS THE "COCKFIGHTING LAW OF 1974"
WHEREAS, cockfighting is still one of the major tourist attractions in the
Philippines;
WHEREAS, under existing law, owners, lessees or operators of cockpits are
given up to May 9, 1978 to conform with the zoning requirements as
prescribed by Section 5 (c) of P.D. No. 449;
WHEREAS, there is a need to extend the period and give these owners,
lessees or operators of cockpits, sufficient time within which to conform with
these requirements.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order and
decree:
Section 1. Owners, lessees or operators of cockpits which are not in
existence and have not conformed with the zoning requirements prescribed
by law or ordinance are given two (2) more years from date of effectivity of
this Decree to comply therewith.
Section 2. All laws, decrees, orders, letters of instructions, rules and
regulations or parts thereof that are inconsistent with the provisions of this
Decree are hereby repealed, superseded, modified or amended accordingly.
Section 3. This Decree shall take effect immediately.
Done in the City of Manila, this 11th day of June, in the year of Our Lord,
nineteen hundred and seventy-eight.
PRESIDENTIAL DECREE NO. 1802
PRESIDENTIAL DECREE NO. 1802 - CREATING THE PHILIPPINE
GAMEFOWL COMMISSION
WHEREAS, Cockfighting as a Filipino heritage has developed to the extent
that there is a need to reconcile the interest of Filipino gamefowl breeders
and the interest of promoters/operators of international cockfight derbies
who make use of imported gamefowls;
WHEREAS, a recognition of the entertainment and attraction to tourism
aspects of cockfighting must be coupled with continuous government
regulation of such sport;
WHEREAS, there is need to consolidate in one agency the authority,
functions and responsibilities pertinent to the regulation of the various
aspects of cockpit operation, cockfighting and gamefowl breeding

governments as provided for the Revised Penal Code and various ordinances
and national agencies as provided for in their enabling acts and statutes;
WHEREAS, in keeping with the multifaceted reforms and changes, there was
a need to amend Sections 2285 and 2286 of the Revised Administrative Code
through the promulgation of Presidential Decree No. 449;
WHEREAS, in furtherance of the avowed policies of the government on
cockfighting as contained in Presidential Decree No. 449, there is need to
incorporate relevant details which are not explicitly provided in Executive
Order No. 636;
WHEREAS, under Presidential Decree No. 1416, the President is empowered
to undertake such organizational and related improvements as may be
appropriate in the light of changing circumstances and new developments.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order and
decree:
Section 1. Creation of the Philippine Gamefowl Commission. There is
hereby created under the Office of the President, the Philippine Gamefowl
Commission, hereinafter referred to as the Commission, which shall be
composed of nine (9) members, as follows: the Director of Animal Industry,
the Chairman of the Games and Amusement Board; a representative of the
Ministry of Local Government and Community Development; a representative
of the Ministry of Tourism; a representative of the Ministry of Finance; and
four (4) other members from the private sector to be appointed by the
President, one of whom shall be a representative of a nationwide recognized
cockpit owners/operators association.The President shall designate the
chairman of the Commission from among its members.
Section 2. Powers and Functions of the Commission. The Commission shall
have the following powers, functions and duties: a) Promulgate and enforce
rules and regulations relative to the holding of cockfight derbies and
cockfights in the Philippines including the frequency sites, conduct and
operation of such derbies and cockfights;b) Issue licenses for the holding of
international derbies;c) Prescribe policy guidelines for the issuance of
permits by the Bureau of Animals Industry for the importation or entry of
gamecocks into the country for breeding or competition purposes;d) Fix and
periodically revise whenever necessary subject to the approval of the
Ministry of Finance, the rates of license fees and other levies that may be
imposed on local derbies and cockfights and international cockfight derbies,
cockpit personnel and employees;e) To promulgate rules and regulations
relative to the holding, methods, procedures, operations and conduct of
cockfighting in general as well as accreditation of cockpit personnel and
association of cockpit owners, operators and lessees, to elevated the
standard of cockfighting;f) To promulgate its own rules and procedures
relative to the conduct of its own business;g) To appoint an ExecutiveDirector, subordinate officials and other personnel of the Commission and fix
their compensation;h) To establish uniform rules and regulations to govern

actual cockfighting enforceable in all cockpits in the Philippines and to


provide sanctions for violation thereof; i) To deputize any government office,
entity, agency and public officer in the implementation of all laws, decrees,
letters of instructions, general orders pertinent to cockfighting rules and
regulations issued by the Commission;j) To initiate, undertake, hear and
decide any investigation for any violation of this Decree, rules and
regulations of the Commission and in connection therewith, to issue
subpoena and subpoena duces tecum;k) To perform such duties and exercise
such powers as may be necessary or incidental to achieve the objectives of
this Decree;l) To perform such other functions as may be authorized by law.
Section 3. The terms defined in Presidential Decree No. 449 and Executive
Order No. 636 are herein deemed incorporated.
Section 4. City and Municipal Mayors with the concurrence of their respective
Sangguniang Panlungsod or Sangguniang Bayan, shall have the authority to
license and regulate regular cockfighting, under the supervision of the City
Mayor and the Provincial Governor, as the case may be. (See PD 1802-A)
Section 5. Such amount as may be necessary for the operating expenses of
the Commission for the current and immediately following calendar year is
hereby authorized to be appropriated out of the appropriations for the
Commission shall be included in the general appropriations act.
Section 6. Penal Provision. Punishable offenses as provided for in P.D. 449
shall remain punishable under this Decree and any violation of the rules and
regulations forthwith to be issued by this Commission shall be treated in
accordance with the penal sanctions provided therein.
Section 7. Repealing Clause. All laws, specifically the provisions of the
Customs and Tariff Code allowing auction of illegally imported gamecocks,
decrees, charters, executive orders, administrative orders, proclamations,
rules and regulations of parts thereof that are in conflict with this Decree are
hereby repealed or modified accordingly.
Section 8. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 16th day of January, in the year of Our Lord,
nineteen hundred and eighty-one.
PRESIDENTIAL DECREE NO. 1802-A
PRESIDENTIAL DECREE NO. 1802-A - AMENDING Section 4 OF
PRESIDENTIAL DECREE NO. 1802 CREATING THE PHILIPPINE
GAMEFOWL COMMISSION
I, FERDINAND E. MARCOS, Presidential of the Philippines, by virtue of the
powers vested in me by the Constitution, do hereby order and decrees:
Section 1. Section 4 of Presidential Decree No. 1802 is hereby amended to
read as follows: "Sec. 4. City and Municipal Mayors with the concurrence of
their respective "Sanggunians" shall have the authority to license and

regulate regular cockfighting pursuant to the rules and regulations


promulgated by the Commission and subject to its review and supervision."
Section 2. This Decree shall take effect immediately.
Done in the City of Manila, this 16th day of January, in the year of Our Lord,
nineteen hundred and eighty-one.
THE LOCAL GOVERNMENT CODE
OF THE PHILIPPINES
BOOK III
LOCAL GOVERNMENT UNITS
TITLE TWO. - THE MUNICIPALITY
Article Three. - The Sangguniang Bayan
SEC. 446. Composition. - (a) The sangguniang bayan, the legislative body of
the municipality, shall be composed of the municipal vice-mayoras the
presiding officer, the regular sanggunian members, the president of the
municipal chapter of the liga ng mga barangay, the president of the
pambayang pederasyon ng mga sangguniang kabataan, and the sectoral
representatives, as members.
(b) In addition thereto, there shall be three (3) sectoral representatives: one
(1) from the women; and, as shall be determined by the sanggunian
concerned within ninety (90) days prior to the holding of local elections, one
(1) from the agricultural or industrial workers; and one (1) from the other
sectors, including the urban poor, indigenous cultural communities, or
disabled persons.
(c) The regular members of the sangguniang bayan and the sectoral
representatives shall be elected in the manner as may be provided for by
law.
SEC. 447. - Powers, Duties, Functions and Compensation. - (a) The
sangguniang bayan, as the legislative body of the municipality, shall enact
ordinances, approve resolutions and appropriate funds for the general
welfare of the municipality and its inhabitants pursuant to Section 16 of this
Code and in the proper exercise of the corporate powers of the municipality
as provided for under Section 22 of this Code, and shall:
(3) Subject to the provisions of Book II of this Code, grant franchises, enact
ordinances authorizing the issuance of permits or licenses, or enact
ordinances levying taxes, fees and charges upon such conditions and for
such purposes intended to promote the general welfare of the inhabitants of
the municipality, and pursuant to this legislative authority shall:
(v) Any law to the contrary notwithstanding, authorize and license the
establishment, operation, and maintenance of cockpits, and regulate
cockfighting and commercial breeding of gamecocks: Provided, That existing

rights should not be prejudiced;


POWERS OF THE GAMES & AMUSEMENT BOARD
In line with the goals and objectives envisioned behind its establishment and
pursuant to its various mandates, the GAB is provided with complete power
and authority to perform the duties and responsibilities inherent in the work
aspects cited hereunder.
SUPERVISION OF INTERNATIONAL COCKFIGHT DERBIES This Board issues,
upon compliance with requirements therefor, permits for the holding of
international cockfight derbies, accredits cockpit officiating personnel,
supervises the actual holding of such promotions and prescribes policy
guidelines for the issuance by the Bureau of Animal Industry (BAI) of permits
for the importation of foreign-bred gamecocks for competition purposes
during such derbies.

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