Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No. _______
______________________________________________________________________
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, “[a]ny 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.
PABLO JOHN F. GARCIA
3rd District, Province of Cebu
November 22, 2022
12:36 pm
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
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
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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 [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 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.”
Sec. 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.”
Sec. 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,