PD 449 Cockfighting Law of 1974.doc

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    MALACAANGM a n i l a

    PRESIDENTIAL DECREE No. 449 May 9, 1974

    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 epositions!

    WHEREAS, by reason of the aforestated meaning and connotation of cockfighting in relation tofilipino customs and traditions, it should neither be eploited as an ob"ect 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#

    $%W, &HEREF%RE, ', FER('$A$( E# MAR)%S, *resident of the *hilippines, by virtue of

    the po+ers vested in me by the )onstitution, do hereby decree and order to be part of the la+s of

    the land, the follo+ing

    Sec -# &itle# &his (ecree shall be kno+n as the .)ockfighting /a+ of -012.#

    Sec!o" #.Scope# &his la+ shall govern the establishment, operation, maintenance ando+nership of cockpits#

    Sec!o" $.(eclaration of *olicy# 't is hereby declared a policy of the government to insure

    +ithin the frame+ork of the $e+ Society maimum development and promotion of +holesomerecreation and amusement to bring about the follo+ing goals

    3a4 &o effectively control and regulate cockfighting to+ards its establishment as a national

    recreation, relaation and source of entertainment!

    3b4 &o provide additional revenue for our tourism program! and

    3c4 &o remove and prevent ecessive and unreasonable business operation and profitconsiderations in the management of cockpits and, instead preserve *hilippine customs and

    traditions and thereby enhance our national identity#

    Sec!o" 4.(efinition of &erms# As used in this la+, the follo+ing terms shall be understood,applied and construed as follo+s

    3a4 )ockfighting shall embrace and mean the commonly kno+n game or term .cockfightingderby, pintakasi or tupada., or its e5uivalent terms in different *hilippine localities#

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    3b4 6oning /a+ or %rdinance Either both national or local city or municipal legislation +hich

    logically arranges, prescribes, defines and apportions a given political subdivision into specific

    land uses as present and future pro"ection of needs +arrant#

    3c4 7et &aker of *romoter A person +ho calls and takes care of bets from o+ners of both

    gamecocks and those of other bettors before he orders commencement of the cockfight andthereafter distributes +on bets to the +inners after deducting a certain commission#

    3d4 8affer 3&aga &ari4 A person kno+ledgeable in the art of arming fighting cocks +ith gaff orgaffs on either or both legs#

    3e4 Referee 3Sentenciador4 A person +ho +atches and oversees the proper gaffing of fighting

    cocks, determines the physical condition of fighting cocks +hile cockfighting is in progress, the

    in"uries sustained by the cocks and their capability to continue fighting and decides and makekno+n his decision by +ork or gestures and result of the cockfight by announcing the +inner or

    declaring a tie or no contest game#

    3f4 7ettor A person +ho participates in cockfights and +ith the use of money or other things of

    value, bets +ith other bettors or through the bet taker or promoter and +ins or loses his betdepending upon the result of the cockfight as announced by the Referee or Sentenciador# He may

    be the o+ner of fighting cock#

    Sec!o" %.)ockpits and )ockfighting 'n 8eneral

    3a4 %+nership, %peration and Management of )ockpits# %nly Filipino citi9ens not other+iseinhibited by eisting la+s shall be allo+ed to o+n, manage and operate cockpits# )ooperative

    capitali9ation is encouraged#

    3b4 Establishment of )ockpits# %nly one cockpit shall be allo+ed in each city or municipality,

    ecept that in cities or municipalities +ith a population of over one hundred thousand, t+ocockpits may be established, maintained and operated#

    3c4 )ockpits Site and )onstruction# )ockpits shall be constructed and operated +ithin the

    appropriate areas as prescribed in 6oning /a+ or %rdinance# 'n the absence of such la+ or

    ordinance, the local eecutives shall see to it that no cockpits are constructed +ithin or neareisting residential or commercial areas, hospitals, school buildings, churches or other public

    buildings# %+ners, lessees, or operators of cockpits +hich are no+ in eistence and do not

    conform to this re5uirement are given three years from the date of effectivity of this (ecree to

    comply here+ith# Approval or issuance of building permits for the construction of cockpits shallbe made by the city or provincial engineer in accordance +ith their respective building codes,

    ordinances or engineering la+s and practices#

    3d4 Holding of )ockfights# Ecept as provided in this (ecree, cockfighting shall be allo+ed onlyin licensed cockpits during Sundays and legal holidays and during local fiestas for not more than

    three days# 't may also be held during provincial, city or municipal, agricultural, commercial or

    industrial fair, carnival or eposition for a similar period of three days upon resolution of the

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    province, city or municipality +here such fair, carnival or eposition is to be held, sub"ect to the

    approval of the )hief of )onstabulary or his authori9ed representative *rovided, that, no

    cockfighting on the occasion of such fair, carnival or eposition shall be allo+ed +ithin themonth of a local fiesta or for more than t+o occasions a year in the same city or municipality

    *rovided, further, that no cockfighting shall be held on (ecember :; 3Ri9al (ay4,

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    b# 7y prision correccional or a fine of not less than si hundred pesos nor more than t+o

    thousand pesos or both, such imprisonment and fine at the discretion of the court, +ith subsidiary

    imprisonment in case of insolvency, in case of any other offender#

    Sec!o" 9.Repealing )lause# &he provisions of Section ==? and ==?@ of the Revised *enal

    )ode, Republic Act $o# 02@, all la+s, decrees, rules and regulations, or orders +hich areinconsistent +ith this (ecree are hereby repealed or modified accordingly#

    Sec!o" 1(.(ate of Effectivity# &his (ecree shall take effect after fifteen 3-4 days follo+ing thecompletion of the publication in the %fficial 8a9ette#

    (one in the )ity of Manila, this 0th day of May, in the year of %ur /ord, nineteen hundred and

    seventy>four#