iiOUSL OF R PRESENTATIVES

RECEIVED
pare 17 AUG 2016

SEVENTEENTH CONGRESS OF THE REPUBLIC) pea an
OF THE PHILIPPINES ) ai :

First Regular Session ) BY: ph

HOUSE OF REPRESENTATIVES — RESISTRATION UNT
H.B No 3038

BILLS AND INDEX SERVICE

Introduced by Representative Harry L. Roque Jr

AMENDING PRESIDENTIAL DECREENO 1869, EXPRESSLY EXCLUDING JAI-
ALAI GAMES FROM THE FRANCHISED ACTIVITIES OF THE
PHILIPPINE AMUSEMENT AND GAMING CORPORATION
EXPLANATORY NOTE

The bill seeks to expressly exclude jai-alai games from the franchised activities of
the Philippine Amusement and Gaming Corporation (PAGCOR) by an express
amendment of Presidential Decree No. 1869, the PAGCOR charter.

The basic principle, conceded by all legislators, is that the permit or franchise for
the operation and regulation of any form of gambling is a legislative prerogative. In other
words, gambling in this instance jai-alai being a prohibited activity, can only be allowed
by clear and express provision of law

The proposed legislation will settle with finality the issue of authority of the
PAGCOR to operate and manage jai-alai games. This, in view of the recent judicial
ruling that PAGCOR is vested with power to operate jai-alai games, a ruling arrived at

when the issue was raised before the Court for the third time, a ruling marked by strong

disagreements between and among the members of the highest court.


The issue of jai-alai is not merely and simply a legal issue; it involves peace and
order, public policy, and public morals. We cannot quibble about this. As all Cebuanos
know only too well, the pernicious gambling activity called masiao, the illegal numbers
game in the Visayas and Mindanao, is rooted in jai-alai. With masiao in the streets
because of jai-alai, Cebu would have to contend with criminal activities, the shady
dealings and the dubious characters that masiao is sure to bring. It happened in the past

when jai-alai was around; it will happen again the moment jai-alai is back, unless jai-alai

(uy

HARRY L. ROQUE JR.

games are totally stopped by Congress.'

' This bill was originally filed during the Fourteenth Congress, First Regular Session and refiled by Senator
Miriam Defensor Santiago during the Fifteenth Congress, First Regular Session,


SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
HB.No._ 3035

Introduced by Representative Harry L. Roque Jr

AN ACT
AMENDING PRESIDENTIAL DECREE NO, 1869, EXPRESSLY EXCLUDING JAI-
ALAI GAMES FROM THE FRANCHISED ACTIVITIES OF THE
PHILIPPINE AMUSEMENT AND GAMING CORPORATION

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Presidential Decree No. 1869, Section 1(b) is hereby amended to
read as follows:

(b) To establish and operate clubs and casinos, for amusement
andrecreation, sports gaming pools (basketball, football, lotteries, etc.) and
suchother forms of amusement and recreation including games of chance,
EXCEPT JAI-ALAI, which may beallowed by law within the territorial
jurisdiction of the Philippines and which will: (I)generate sources of
additional revenue to fund infrastructure and socio-civic projects, such as
flood control programs, beautification, sewerage and sewage projects,
Tulungan ng Bayan Centers, Nutrition Programs, population Control and
such other essential public services, (2) create recreation and integrated

facilities which will expand and improve the country's existing tourist


attractions; and (3) minimize, if not totally eradicate, the evils, malpractices
and corruptions that are normally prevalent in the conduct and operation of

gambling clubs and casinos without direct government involvement.

SECTION 2. Presidential Decree No. 1869, Section 10 is likewise amended to

read as follows:

Sec. 10. Nature and term of franchise - Subject to the terms and
conditions established in this Decree, the Corporation is hereby granted
for a period of twenty-five (25) years, the rights, privileges and
authority to operate and maintain gambling casinos, clubs, and other
recreation or amusement places, sports, gaming pools, ie, basketball,
football, lotteries, etc. EXCEPT JAI-ALAL, whether on land or sea,

within the territorial jurisdiction of the Republic of the Philippines.

SECTION 3. Repealing Clause. — All laws, decrees, orders, and issuances, or
portions thereof, which are inconsistent with the provisions of this Act, are hereby

repealed, amended or modified accordingly.

SECTION 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after

its publication in the Official Gazette or in two (2) newspapers of general circulation

Approved,