Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4248

Introduced by Representative PABLO JOHN F. GARCIA

EXPLANATORY NOTE

Under Presidential Decree No. 449, as amended by Presidential Decrees Nos. 1802 and
1802-A, and, more recently, under Section 447 (a) (3) (v) of the Local Government Code,
the city and municipal governments have been given the authority to license and regulate
regular cockfighting and the establishment and operation of cockpits.

Despite the devolution of the authority over cockpits and cockfighting to local government
units, recent incidents have pitted, on the one hand, police officials insisting on the strict
implementation of the letter of PD 449, and, on the other, local chief executives who rely,
with reason, on their authority to regulate cockfighting under PD 1802-A and the Local
Government Code, “[aJny law to the contrary notwithstanding”. The conflicting positions
‘stem from differing opinions not simply in on how the laws should be interpreted, but—
more fundamentally—on law is applicable at present and the very regulatory framework
of cockfighting.

There is a need, therefore, to revisit and update PD 449, a forty-five-year-old law (with
Martial Law references to “Chief of Constabulary’) to the present times, and bring it more
in harmony with the 1987 Constitution and its push for local autonomy. This would
eliminate the confusion now obtaining, and would give local government units more teeth
in regulating cockpits and cockfighting.

This bill likewise seeks to resolve the question of traditionally permitted tupada or tigbakay
during barangay fiestas, which are normally held outside licensed cockpits and in village
plazas, parks or other such public spaces. Under the strict letter of PD 449, this would
seem to be illegal, as cockfights are allowed only in licensed cockpits. But since under
Section 447 (a) (3) (v) of the Local Government Code, the regulation of cockfighting has
been vested in the local sanggunians, LGUs also have colorable authority to license this.
This bill will empower LGUs to permit, and—more importantly—to regulate these
activities, to ensure the safety and well-being of the participants and the public and to
allow the LGUs, including the barangay, to earn from them.

In view of the urgency of the issues involved in cockfighting and its legal framework, as
borne out by recent events, the immediate passage of this bill is earnestly sought.

PAI JOHN F. GARCIA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4246
House Bill No.

Introduced by Representative PABLO JOHN F. GARCIA

AN ACT
FURTHER AMENDING PRESIDENTIAL DECREE NO. 449, OTHERWISE KNOWN AS
THE COCKFIGHTING LAW OF 1974, AS AMENDED, AND PRESIDENTIAL DECREE
NO. 1802-A IN ORDER TO RATIONALIZE AND STRENGHTEN THE REGULATION
OF COCKFIGHTING BY LOCAL GOVERNMENT UNITS

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

Section 1. Section 5 of Presidential Decree No. (PD) 449 is hereby amended to
read as follows:

“Section 5. Cockpits and Cockfighting: In General:

“(a) Ownership, Operation and Management of Cockpits. Only Filipino citizens,
PARTNERSHIPS OF CITIZENS OR CORPORATIONS AT LEAST SIXTY
PERCENT (60%) OF THE OUTSTANDING CAPITAL STOCK OF WHICH IS
OWNED BY 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. THE CITY OR MUNICIPAL MAYOR, WITH THE
CONCURRENCE OF THE SANGGUNIAN, SHALL HAVE THE SOLE
AUTHORITY TO LICENSE THE ESTABLISHMENT OF COCKPITS WITHIN
THEIR RESPECTIVE JURISDICTIONS. [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. IN THE
CASE OF SPECIAL COCKFIGHTS ALLOWED TO BE HELD OUTSIDE
REGULAR COCKPITS IN ACCORDANCE WITH THIS LAW, THE CITY OR
MUNICIPAL SANGGUNIAN SHALL, BY ORDINANCE, DETERMINE THE


MINIMUM STANDARDS TO ENSURE THAT THE VENUE IS SECURE AND THE
SAFETY OF THE SPECTATORS, BETTORS, GAME OFFICIALS AND THE
PUBLIC ARE ENSURED. IN THE ABSENCE OF SUCH ORDINANCE, THE
LOCAL CHIEF EXECUTIVE SHALL SPECIFY IN THE SPECIAL PERMIT THE
SECURE PLACE WHERE SUCH SPECIAL COCKFIGHT SHALL BE HELD.

[‘(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. ]

“(D) HOLDING OF COCKFIGHTS. (1) REGULAR COCKFIGHTS. REGULAR
COCKFIGHTING MAY BE HELD IN LICENSED COCKPITS ON SUNDAYS AND
LEGAL HOLIDAYS, DURING CITY OR MUNICIPAL FIESTAS FOR NOT MORE
THAN THREE DAYS, AND DURING SUCH OTHER DAYS AS THE CITY OR
MUNICIPALITY, BY ORDINANCE, SHALL AUTHORIZE; PROVIDED, THAT,
COCKFIGHTING SHALL NOT BE HELD MORE THAN FOUR DAYS IN EACH
WEEK: 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.

“(2)_ COCKFIGHTING DURING LOCAL FAIRS OR  EXPLOSITIONS.
COCKFIGHTS MAY ALSO BE HELD IN LICENSED COCKPITS DURING A
PROVINCIAL, CITY OR MUNICIPAL AGRICULTURAL, COMMERCIAL OR
INDUSTRIAL FAIR, CARNIVAL OR EXPOSITION FOR A PERIOD OF THREE
DAYS SUBJECT TO THE APPROVAL OF THE LOCAL CHIEF EXECUTIVE OF
THE CITY OR MUNICIPALITY IN WHICH SUCH FAIR, CARNIVAL OR
EXPOSITION SHALL BE HELD: 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 BY THE SAME PROVINCE, CITY OR
MUNICIPALITY, OR DURING DAYS IN WHICH COCKFIGHTING IS
PROHIBITED UNDER SUB-SECTION (1) ABOVE.

“(3) SPECIAL COCKFIGHTS. SPECIAL COCKFIGHTS MAY BE ALLOWED BY
SPECIAL PERMIT ISSUED BY THE LOCAL CHIEF EXECUTIVE OF THE CITY
OR MUNICIPALITY DURING A BARANGAY FIESTA, AND MAY BE HELD
EITHER IN A LICENSED COCKPIT OR IN ANY SECURE PLACE IN THE SAME
BARANGAY SUITABLE FOR COCKFIGHTING, AND WHICH GUARANTEES
THE SAFETY OF THE SPECTATORS, BETTORS, COCKFIGHTING OFFICIALS
AND THE PUBLIC; PROVIDED, THAT NO SPECIAL COCKFIGHT MAY BE HELD
MORE THAN ONCE EVERY CALENDAR YEAR IN A BARANGAY OR ON THE
DAYS IN WHICH COCKFIGHTING IS PROHIBITED UNDER (1) ABOVE;
PROVIDED, FURTHER, THAT WHERE THE VENUE IS OTHER THAN A
LICENSED COCKPIT, THE PERMIT SHALL SPECIFY THE PRECISE AREA
WHERE THE COCKFIGHTING SHALL BE HELD; AND PROVIDED, FINALLY,
THAT THE CITY OR MUNICIPALITY, AS WELL AS THE BARANGAY IN WHICH


THE SPECIAL COCKFIGHT IS HELD, MAY IMPOSE SUCH TAXES OR FEES
AS MAY BE IN ACCORDANCE WITH LOCAL REVENUE LAWS, RULES AND.
REGULATIONS.

“(e) Cockfighting for Entertainment of Tourists or for Charitable Purposes. Subject
to the preceding subsection hereof, the LOCAL Chief [Constabulary] EXECUTIVE
for 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 GAMES AND
AMUSEMENT BOARD (GAB) [Office of the President,] upon resolution of [a
provincial board, city or municipal council] THE LOCAL SANGGUNIAN, in licensed
cockpits or in secure playgrounds or parks WHERE THE SAFETY OF THE
SPECTATORS, BETTORS, GAME OFFICIALS AND THE PUBLIC ARE
ENSURED; Provided, THAT THE ISSUANCE OF PERMITS FOR
INTERNATIONAL DERBIES AND FOR THE IMPORTATION OF GAMEFOWLS.
TO BE USED IN SUCH DERBIES SHALL BE THE EXCLUSIVE FUNCTION OF
THE GAB: PROVIDED FURTHER, 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, OR THE PROMOTER OR
SPECIAL PERMITTEE OF THE SPECIAL COCKFIGHT, AS WELL AS THOSE
WHO DIRECTLY PARTICIPATED IN GAMBLING IN VIOLATION OF THIS
SECTION [and the violators of this injunction] shall be criminally liable under
Section 8 hereof.”

Section 2. Section 4 of PD 1802-A, is hereby amended to read as follows:

"Section 4. REGULATORY AUTHORITY. City and Municipal Mayors, with the
concurrence of their respective [“Sanggunians"] SANGGUNIANS, shall have the SOLE
authority to license COCKPITS and regulate [regular] cockfighting, AS WELL AS THE
ESTABLISHMENT, MAINTENANCE AND OPERATION OF COCKPITS pursuant to
PERTINENT ORDINANCES PASSED BY THEIR RESPECTIVE SANGGUNIANS [the
rules and regulations promulgated by the Commission and subject to its review and
supervision]. THE SANGGUNIANS MAY LIKEWISE IMPOSE SUCH FEES AND TAXES
ON THE LICENSING, ESTABLISHMENT AND OPERATION OF COCKPITS AS WELL
AS ON THE CONDUCT OF COCKFIGHTING, WHETHER REGULAR OR SPECIAL, IN
ACCORDANCE WITH THE PERTINENT LOCAL REVENUE LAWS, RULES AND
REGULATIONS.”

Sec. 3. Section 8 of PD 449 is hereby amended to read as follows:

“Section 8. Penal Provisions. Any violation of the provisions of this Decree [and of
the rules and regulations promulgated by the LOCAL Chief of Constabulary
pursuant thereto] shall be punished as follows:

a. “By prision correccional in its maximum period and a fine of [two] THIRTY
thousand pesos (PhP30,000.00), with subsidiary imprisonment in case of
insolvency, when the offender is the financer, owner, manager 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 cockpits during cockfights.


b. “By prision correccional or a fine of not less than [six hundred] TEN
THOUSAND pesos (PhP10,000.00) nor more than [two] TWENTY thousand
pesos (PhP20,000.00) 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 4. All laws, decrees, orders, rules and regulations, and other issuances or
Parts thereof, which are inconsistent with the provision of this Act, are hereby deemed
repealed, amended or modified accordingly.

Sec. 5. This Act shall take effect fifteen (15) days after the completion of its
publication in any newspaper of general circulation.

Approved,