nelvin

[Guest]

...loading shoutbox...

[Ft.Bonifacio]

remember those PETA are well financed, they gathered and intruduced their selves to certain known public officials specially to a non-sabungero's to be on their side.......act as soon as possible......save our sport....throw PETA outside philippines ...we have our own enviromental and natural resources protection agencies....dont let PETA use this as their issue's to cover their real intension's..............  PETA.... BUTA NA KAYO!!!

[Emerald]

 
ayos

[chicNjon]

how can we act now? are we going to march to edsa to shout this? they will just say; we don't legalize gambling! bakit naman ang karera ng kabayo, MJC (goverment ba eto) mukhang legal yata eto? sweepstakes, lottery, diba lahat eto mga gambling din? bakit parang legal yata ang mga eto? bakit ang sabong ayaw gawing legal? we should know why that's our right as a Pilipino Citizens livening an ancient tradition of a Philippine Culture known as a Gentleman's Sport. kaya ba nating panindigan eto?? kung kaya, shout now, have it legalized. then, a Philippine Tradition is SAVED.

[noknok]

One cent opinion...

There are over 1 thousand cockpit and colliseum inthe whole Phillipines and in every cockpit there have been a hundreds of sabong fanatics.. Just imagine to stop this tradition. Also,some of our fellow men only rely on this kind of venture for their family and future..

They can't let us down....

I hope the next generations withstand this tradition for them to save this heritage sport of every Filipino..

[Ft.Bonifacio]

PETA are not for the old generation's, they are after for the younger generation's that's why they are now intruduced little by little on how to protect and saved enviroment and animals to the young generation's...using some sort of advertisement acceptable for the young generation.....they need to cut the continuety of passing the sport to the young generation's...although it needs them a substantials amount of time for doctrination still there's a big implication to the young and rogue minds of younger generation's....that's why be prepared and be aware of this group...let us be united and vengeance against this group......these group are the killing machine's.....let's us make a decissive move by forcing the politicians to legallized this sport...... there's no doubt that cockfighting is a tradition's since it was here for hundred's of years.......   

[chicNjon]

yes, peta is after the young generation. if in the elementary level cockfighting will be introduce to the young minds as a bad habit destroying family lives, it is our children who'll put 'em down. peta will attached itself to our dept. of education for that. and who'll say to do this to our schools? the education ministry. you cannot put down cockfighting in one snap. peta can wait like a sleeping volcano.

[chuckeee]

so what most of us says cockfighting will stay forever and no need to legalized it. why are we concern now? we're all gonna be history when it happens. just let the new generations solve that. hahaha.

[Ft.Bonifacio]

  we just wanna make sure that there will be no problem for the future......let the new generations enjoy it as we enjoyed today........he he he he

[juan sabungero]

good day cockmates!
indeed this is a very nice thread started by cockmate chuckeee. it got an overwhelming
support from most of the reader.

there is already a law covering cockfighting in the philippines. its is the cockfighting law
of 1974. here's a copy of the law.
http://www.lawphil.net/statutes/presdecs/pd1974/pd_449_1974.html

you can see that the law is already outdated, most of the goverment functions are no
more available or have been defunct by the past administrations.

sabong has been recognized by the goverment as a popular, traditional and customary
form of recreation and entertainment among Filipinos. it is connoted as Filipino heritage
enhancing our national identity and can serve as tourist attraction.

i could say we have federations, associations and organizations of cockfingting in the
country but most of them are into cockfigting o derby promotions. likewise we have
congressmen and senators known as sabungeros but unable to amend the previous law.
i would say they are afraid of losing the non-sabungero's vote.

i think we the present sabungeros should be vigil enough to ensure future generations
will still enjoy this traditional, customary recreation and entertaiment.

wht do you think  . . .

[chicNjon]

MGA KA SABONG, KUMAKATOK NA SA PINTO ANG ATING KINATATAKUTANG TULUYAN NG MAWALA ANG PHILIPPINE COCKFIGHTING AT NAG UMPISA NA SA MAKATI COLISEUM. IN MY OWN POINT OF VIEW, MAWAWALA NA ANG INTERNET BETTING, BAKA PATI MGA SABONG WEBSITES MAWALA NA RIN, TAPOS ANO ANG SUSUNOD? PAPASUKIN NA ETO NG PETA O BAKA NAPASOK NA NGA!   

[Winged Pen]

The Lawphil Project - Arellano Law Foundation
PRESIDENTIAL DECREE No. 1802 January 16, 1981

--------------------------------------------------------------------------------

MALACAÑANG
M a n i l a

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 Executive-Director, 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 respectives Sangguniang Panglunsod 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.


The Lawphil Project - Arellano Law Foundation
--------------------------------------------------------------------------------
 

[Winged Pen]

SECTION-447; ARTICLE 3; PARAGRAPH (v)    at  sa SECTION-458; ARTICLE 3; PARAGRAPH (v)

PD-449 COCKFIGHTING LAW

MALACAÑANG
M 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 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:

Sec 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 of 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 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.

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 financer, owner, manger or operator of 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 cockfights 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 the 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.

[masao]

I wonder if there is a description regarding the sabong in the textbook.
Descriotion about your proud national sport for children .

[Winged Pen]

to mr. juan sabungero,
         Regarding your post about the COCKFIGHTING LAW.

    you can see that the law is already outdated, most of the goverment functions are no
more available or have been defunct by the past administrations.

          I hope this will be of help.
         


http://sabungero.com/smf/index.php?topic=1546.0

[chicNjon]

The Cockfighting Law of 1974 is still alive and kinkin'.  We don't need to alter this or cockfighting is history. This is what those against sabong need to take this away.    Why is there alot of questions why congressman, senators, etc, don't act?  Because of this Law. It is well preserved.

[chicNjon]

They should follow PD 449-Cockfighting Law of 1974. 

[chuckeee]

Exactly!!!  When ex president Ferdinand Marcos signed PD 449, the Cockfighting Law of '74, he assure us freedom to cockfight for generations to come because he knows it's about time to preserved this exciting heritage of us Pilipinos in flying colors. Now, we lovers of this sport, are the ones responsible to safeguard this. We are the eyes and ears and guardians to protect this from any alterations coming from any organisations, even our local goverment assigned to implement this, trying to destroy our heritage or change its contents. Don't ever try to alter this or create other law on cockfighting. This is what those against it wants.

' THERE WILL NEVER BE OTHER COCKFIGHTING LAW THAN PD 449 ' 

[vq querol]

lgu's are very liberal in implementing

[Golden Dragon]

I remember some time ago there was a question as to the legality of 'sabong' which josabb put to rest.

do we still need more of this laws to really insure that we will never have to
kowtow to anyone in the future ?

just asking lang... cheers and mabuhay...

[manok911]

I THINK THAT'S IMPOSSIBLE TO HAPPEN IN THE PHILIPPINES BECAUSE THERE ARE SO MANY POLITICIANS AND LAWMAKERS WHO ARE SABUNGEROS. 

[serenade]

NICE INFO

[Golden Boy]

ilan po bang sabungan ang pwede sa isang bayan?

[SLASHER_2002]

 

[Tahor]

MALACA�ANG
M 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 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:

Sec 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 of 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 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.

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 financer, owner, manger or operator of 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 cockfights 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 the 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.

[Tahor]

 REPUBLIC ACT NO. 8485: AN ACT TO PROMOTE ANIMAL WELFARE IN THE PHILIPPINES, OTHERWISE KNOWN AS “THE ANIMAL WELFARE ACT OF 1998”

Be it enacted by the Senate and House of Representative of the Philippines in Congress Assembled:

SECTION 1: It is the purpose of this Act to protect and promote the welfare of all animals in the Philippines by supervising and regulating the establishment and operation of all facilities utilized for breeding, maintaining, keeping, treating, or training of all animals either as objects of trade or as household pets. For purpose of this Act, pet animals shall include birds.

SECTION 2: No person, association, partnership, corporation, cooperative, or any government agency or instrumentality including slaughterhouses shall establish, maintain and operate any pet shop, kennel, veterinary clinic, veterinary hospital, stockyard, corral, stud farm or stock farm or zoo for the breeding, treatment, sale or trading, or training of animals without first securing from the Bureau of Animal Industry a certificate of registration thereof.

The certificate shall be issued upon proof that the facilities of such establishment for animals are adequate, clean and sanitary and will not be used for, nor cause pain and/or suffering to the animals. The certificate shall be valid for a period of (1) year unless earlier cancelled for just cause before the expiration of its item by the Director of the Bureau of Animal Industry and may be renewed from year to year upon compliance with the conditions imposed hereunder. The Bureau shall charge reasonable fees for the issuance or reward of such certificate.

The condition that such facilities be adequate, clean and sanitary and that they will not be used for, nor cause pain and/or suffering to the animals is a continuing requirement for the operation of these establishments. The Bureau may revoke or cancel such certificate or registration for failure to observe these conditions and other just causes.

SECTION 3 : The Director of the Bureau of Animal Industry shall supervise and regulate the establishment, operation and maintenance of pet shops, kennels, veterinary clinics, veterinary hospitals, stockyards, corrals, stud farms and zoos, and any other form of structure for the confinement of animals where they are bred, treated, maintained, or kept either for sale or trade or for training purposes as well as the transport of such animals in any form of public or private transportation facility in order to provide maximum comfort while in transit and minimize, if not totally eradicate, incidence of sickness and death and prevent any cruelty from being inflicted upon the animals.

The Director may call upon any government agency for assistance consistent with its powers, duties, and responsibilities for the purpose of ensuring the effective and efficient implementation of this Act and the rules and regulations promulgated thereunder.

It shall be the duty of the government agency to assist said Director when called upon for assistance using any available fund in its budget for the purpose.

SECTON 4: It shall be the duty of any owner or operator of any land, air or water public utility transporting pets, wildlife, and all other animals to provide in all cases adequate, clean and sanitary facilities for the safe conveyance and delivery thereof to their consignee at the place of consignment. They shall provide sufficient food and water for such animals while in transit for more than twelve (12) hours or whenever necessary.

No public utility shall transport any such animal without a written permit from the Director of the Bureau of Animal Industry. Cruelty in transporting includes overcrowding, placing of animals in the trunks or under the hood trunks of the vehicles.

SECTION 5: There is hereby created a Committee on Animal Welfare attached to the Department of Agriculture which shall, subject to the approval of the Secretary of the Department of Agriculture, issue the necessary rules and regulations for the strict implementation of the provisions of this Act, including the setting of safety and sanitary standards within thirty (30) calendar days following its approval. Such guidelines shall be reviewed by the Committee every three (3) years from its implementation or whenever necessary.

The Committee shall be composed of the official representatives of the following:

         1. The Department of Interior and Local Government (DILG);
         2. Department of Education, Culture and Sports (DECS);
         3. Bureau of Animal Industry (BAI) of the Department of Agriculture (DA);
         4. Protected Areas and Wildlife Bureau (PAWB) of the Department of Environment and Natural Resources (DENR);
         5. National Meat Inspection Commission (NMIC) of the DA;
         6. Agriculture Training Institute (ATI) of the DA;
         7. Philippine Veterinary Medical Association (PVMA);
         8. Veterinary Practitioners Association of the Philippines (VPAP);
         9. Philippine Animal Hospital Association (PAHA);
        10. Philippine Animal Welfare Society (PAWS);
        11. Philippine Society for the Prevention of Cruelty to Animals (PSPCA);
        12. Philippine Society of Swine Practitioners (PSSP);
        13. Philippine College of Canine Practitioners (PCCP); and
        14. Philippine Society of Animal Science (PSAS)

The Committee shall be chaired by a representative coming from the private sector and shall have two (2) vice-chairpersons composed of the representative of the BAI and another from the private sector.

The Committee shall meet quarterly or as often as the need arises. The Committee members shall not receive any compensation but may receive reasonable honoria from time to time.

SECTION 6: It shall be unlawful for any person to torture any animal, or to neglect to provide adequate care, sustenance or shelter, or maltreat any animal or to subject any dog or horse to dogfights or horsefights, kill or cause or produce to be tortured or deprived of adequate care sustenance or shelter, or maltreat or use the same in research or experiments not expressly authorized by the Committee on Animal Welfare.

The killing of any animal other than cattle, pigs, goats, sheep, poultry, rabbits, carabaos, horses, deer and crocodiles is likewise hereby declared unlawful except in the following instances:

   1. When it is done as part of the religious rituals of an established religion or sect or a ritual by tribal or ethnic custom of indigenous cultural communities. However, leaders shall keep records in cooperation with the Committee on Animal Welfare;
   2. When the pet animal is afflicted with an incurable communicable disease/s determined and certified by a duly licensed veterinarian;
   3. When the killing is deemed necessary to put an end to the misery suffered by the animal as determined and certified by a duly licensed veterinarian;
   4. When it is done to prevent an imminent danger to the life or limb of a human being;
   5. When done for the purpose of animal population control;
   6. When the animal is killed after it has been used in authorized research or experiments; and
   7. Any other ground analogous to the foregoing as determined and certified by a licensed veterinarian.

In all the above mentioned cases, including those of cattle, pigs, goats, sheep, poultry, rabbits, carabaos, horses, deer and crocodiles, the killing of the animals shall be done through humane procedure at all times.

For this purpose, humane procedures shall mean the use of the most scientific methods available as may be determined and approved by the committee.

Only those procedures approved by the Committee shall be used in the killing of animals.

SECTION 7: It shall be the duty of every person to protect the natural habitat of the wildlife. The destruction of said habitat shall be considered as a form of cruelty to animals and its preservation is a way of protecting the animals.

SECTION 8: Any person who violates any of the provisions of this Act shall, upon conviction by final judgement, be punished by imprisonment of not less than six (6) months nor more than (2) years or a fine of not less than One Thousand Pesos (P1,000.00) or both at the discretion of the Court. If the violation is committed by a juridical person, the officer responsible thereof shall serve the imprisonment when imposed. If the violation is committed by an alien, he o she shall be immediately deported after the service of sentence without any further proceedings.

SECTION 9: All laws, acts, decrees, executive orders, rules and regulations inconsistent with the provisions of this Act are prelude or modified accordingly.

SECTION 10: This act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

 

Approved:

 

(SGD) JOSE DE VENECIA, JR.

Speaker of the House of Representatives

(SGD) NEPTALI GONZALES 

President of the Senate

 

This Act, which is a consolidation of the Senate Bill No. 2120 and House Bill No. 9274, was finally passed by the Senate and the House of Representatives on February 3, 1998 and February 2, 1998 respectively.

 

(SGD) ROBERTO P. NAZARENO

Secretary General

House of Representatives

(SGD) HEZEL P. GACUTAN

 Secretary of the Senate

 

Approved: Feb. 11, 1998

[Tahor]

By Ian C. Espada- Sunstar Iloilo

THE City Council finally approved the provincial ordinance that protects and promotes animal welfare in the Province of Iloilo.

The ordinance, jointly sponsored by Board Members Domingo B. Oso, Jr., and Lilia Y. Gonzales, is crafted in accordance with the provisions of Republic Act 8485 or the Animal Welfare Act of 1998.

Dr. Silvino R. Teodosio, Provincial Veterinarian, in an interview said the ordinance primarily aims to protect animal welfare; to conduct sustained information drive about the provisions of RA 8485 as well as to prosecute those engaged in the illegal trading of animals; and to prohibit any form of cruelty to animals.

He said the Philippine government is one of the signatories to the Universal Declaration on Animal Welfare on San Jose, Costa Rica and recognizes that "animals are living sentient beings (capable of experiencing pain and suffering) and therefore deserve due consideration and respect.

Teodosio said further the ordinance is passed to ensure the protection and promotion of all animals found within the territorial jurisdiction of Iloilo Province whether wild or domesticated, which are kept, bred, treated, trained either as object of trade or as household pets including birds.

He said the ordinance prohibits any person, association, partnership, corporation, cooperative or any government agency or instrumentally including slaughterhouses to establish, maintain, operate any pet shop, kennel, veterinary clinic, veterinary hospital, stockyard, corral, stud farm or stock farm or zoo for the breeding treatment, sale or trading or training of animals without first securing certificate of registration from the Bureau of Animal Industry.

The said facilities should be kept adequate, clean and sanitary and will not be used for, nor cause pain/or suffering to the animals, otherwise, the Regional/Provincial/City Veterinarian will order the closure of those facilities and the cancellation of the Certificate of Registration.

Under the ordinance, it shall unlawful for any person to torture any animal, to neglect to provide care, sustenance or shelter, or maltreat any animal or to subject any dog, horse or carabulls fights, kill or cause or procure to be tortured, or deprived of adequate care, sustenance or shelter, or maltreat or use the same in research or experiments not authorized by the Committee on Animal Welfare.

The ordinance also requires shipping/public utility to secure a written permit from the Director of the Bureau of Animal Industry before transporting any animals.

The ordinance further prohibits the transporting or trafficking and trading of dogs and cats as well as other animals not considered or defined as food animal by the National Meat Inspection Service except when done as part of a religious ritual of an established religion or sect or ritual required by tribal or ethnic customs of indigenous cultural.

The ordinance likewise obliges every pet owners to be responsible and caring of their pets by immunizing their pets regularly, providing them with adequate food, water and shelter, leashing or caging and not allowing them to go astray, assuming full liability whenever his pet has bitten a victim outside of his enclosed premises or whenever he lost control of his pet; and participating in any activity to eradicate dangerous and communicable animal diseases and control of stray animals, among others.

Any person who violates any provision of this Act, if found guilty, will be punished by imprisonment of no less than six months nor more than two years or a fine of not less than P1,000.00 nor more than P5,000.00 or both in the discretion of the Court.

[Tahor]

Article from the Bohol Chronicle...

Cockfighting aficionados now have no choice but to indulge in their favorite "sport" only on Sundays, legal holidays and, during fiestas, up to three days.

This after the Supreme Court Second Division upheld the decision of the Court of Appeals (CA) that had also upheld the decision of the Regional Trial Court of Bohol limiting the occasions of holding cockfighting to such days only.

Gov. Erico Aumentado announced the Supreme Court decision Friday during his weekly radio program "The Governor Reports".

In a letter to the litigants and their lawyers dated January 23, 2008, Assistant Clerk of Court Ma. Luisa Laurea quoted the resolution of the High Tribunal dated December 5, 2007 in G.R. No. 176004.

Considering the allegations, issues and arguments adduced in the petition for review on certiorari, the Court resolves to deny the petition for failure to sufficiently show any reversible error in the assailed judgment to warrant the exercise of this Court's discretionary appellate jurisdiction, she wrote.

The case stemmed from Aumentado's issuance of Executive Order No. 2 strictly implementing Presidential Decree No. 449.

Having received complaints from parents and school authorities that their children or students skip classes to go to the cockpits in order to earn a few "quick bucks" as motorcycle watch boys - or even maciador or bet callers, he issued the order.

A certain Concepcion Ramo of Baclayon town had questioned the legality of the order, invoking the autonomy that the Local Government Code of 1991 gives to local government units (LGUs).

Provincial Legal Officer Handel Lagunay however clarified that in statutory construction, in case of "conflict of laws," the national law prevails.

The "conflicting laws are harmonized," hence the LGUs regulates cockfighting through business license, mayor's permit and such other details as location of the cockpit that must follow local zoning ordinances.

Lagunay also said Supreme Court decisions form part of the law of the land, hence the decision on the Ramo vs. Aumentado case will hold true all across the nation.

[Tahor]

By Dale G. Israel
Cebu Daily News


Mandaue City, Philippines – It’s veto number two.

Mandaue City Mayor Jonas Cortes returned an ordinance to the opposition-led City Council without stamping his approval.

The reason for the rejection: It contradicts a national law.

The ordinance vetoed by the mayor was supposed to ban cockfights in Mandaue City even during fiestas.

The move came after Cortes also vetoed the ordinance approved by the City Council that regulates the hiring of consultants and advisers.

According to Cortes, the ordinance banning cockfight contradicts Presidential Decree 449 otherwise known as Cockfighting Law of 1974, which allows the “holding of cockfights during Sundays and legal holidays and during local fiestas for not more than three days.”

“I exerted earnest efforts to reconcile and harmonize the herein ordinance for consideration to PD 449 but apparently, there is a clear, convincing and irreconcilable repugnancy between the two laws,” Cortes said in his veto message sent to the City Council Friday afternoon.

Cortes, in an interview, added that the ordinance authored by Majority Floor Leader Victor Biaño was trying to break a generally accepted Filipino tradition.

[tony777]

To summarize, here is the current state of phil cockfighting laws/case law:

5-9-74
Cockfighting Law of 1974
http://www.lawphil.net/statutes/presdecs/pd1974/pd_449_1974.html
recognizing that "cockfighting has been and still is a popular, traditional and customary form of recreation and entertainment among Filipinos", cl 74 was enacted to make it legal, tax, and regulate it and to "govern the establishment, operation, maintenance and ownership of cockpits". NO phil law states any "right" to cockfighting. the government could legalize, tax, and regulate jueteng (numbers game) in the same manner but it would not mean that filipinos have a right to jueteng. casino gambling or horse racing is legal in the phil. however, it does not mean that filipinos have a "right" to casino gambling or horse racing.
since cockfighting is not a "right", the government, with peta and the humaniacs' help, could take it away.

2-11-98
Peta and the humaniacs, with help and support from ex-speaker of the house Joe de Venecia and now senator Francis Escudero (both wannabee president), enacted the humaniacs' law, The Animal Welfare Act of 1998, with its provision that:
"SECTION 6: It shall be unlawful for any person to torture any animal". very stealthy. is cockfighting "unlawful...torture" or "unlawful" cruelty to animal? are gamefowls animal? should we take any chance with our phil courts?
http://www.linisgobyerno.org/RA8485.htm

06-08-07
In the heart of phil cockfighting, where the international candelaria derby is held annually, Iloilo province elected officials stabbed phil cockfighters in the back and enacted its own version of the humaniacs' law.
http://www.sunstar.com.ph/static/ilo/2007/06/08/news/city.council.passes.ordinance.protecting.animal.welfare.html

02-04-08
Lately, this is what our phil court did:
"Cockfighting aficionados now have no choice but to indulge in their favorite 'sport' only on Sundays, legal holidays and, during fiestas, up to three days. This after the Supreme Court Second Division upheld the decision of the Court of Appeals (CA) that had also upheld the decision of the Regional Trial Court of Bohol limiting the occasions of holding cockfighting to such days only."
http://www.theboholchronicle.com/fpage.php?issue=317&s1=4226&s2=4228&s3=4233&s4=%0A%09%09%09%09%09%09%09&s5=4229&s6=1091&s7=4242&s9=&s10=

To stop peta and the humaniacs in the phil, we need to enact an updated cockfighting law that CLEARLY AND EXPLICITLY STATES that:

1. The people of the Philippines have a "cultural right" to enjoy "cockfighting" "everyday".
http://www.care2.com/c2c/groups/disc.html?gpp=6684&pst=870087
2. The Animal Welfare Act of 1998 DOES NOT APPLY to cockfighting.

[chicNjon]

HEY TONY777, HERE YOU ARE AGAIN! HAHAHA!

COCKFIGHTING LAW 74 ALREADY STOPPED YOUR PETA COMRADES AND ALL YOUR ATTEMPTS TO ELIM INATE COCKFIGHTING IN THE PHILIPPINES. THE LAW OF THE LAND IS ABOVE YOUR PETA AWA98. DON'T YOU UNDERSTAND WHAT YOU'RE READING? HAHAHA! YOU FREAKIN' PETA TENTACLE. HEHEHE!