Friday, November 16, 2007

Section 4H.01 Cockfighting

Article H. Permit Fee for Cockpit Owners / Operators / Licenses / And Cockpit Personnel

Section 4H.01 Definition - When used in this Article:

(a) Cockpit includes any place, compound, building or portion thereof, where cockfights are held, whether or not money bets are made on the result of such cockfights.

(b) Bet taker or Promoter refers to an individual who, alone or with another, initiates a cockfight, or call and takes care of bets from owners of both gamecock and those of other bettors before he orders commencement of the cockfight and thereafter distributes winning bets to the winners after deducting a certain commission, or both.

(c) Gaffer (Mananari) is a person knowledgeable in the art of arming fighting cocks with gaffs on one or both legs.

(d) Referre (Sentenciador) refers to a person who watches and oversees the proper gaffing of fighting cocks; determine 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 makes known his decision by words or gestures the result of the cockfight by announcing the winner or declaring a tie in the fight.

Section 4H.02 Imposing of Fees - There shall be collected the following annual fees from cockpit operators, owners, licenses;

Tax per Annum
(a) On cockpit operators/owners/licenses/franchise;
(1) Application filing fee PhP 500.00
(2) Annual Cockpit permit fee 5,000.00
(3) Cockpit franchise fee for five (5) years 3,000,000.00
(b) On cockpit personnel;
(1) Promoters/Host 1,000.00
(2) Referees (Sentenciador) 300.00
(3) Cashier 200.00
(4) Bet Manager (Maciador/kasador) 250.00
(5) Derby (Matchmaker) 200.00
(6) Pit Manager 500.00
(7) Bet Taker (kristo) 200.00
(8) Gaffer (mananari) 100.00

Section 4H.03 Time of Payment

(a) The application filing fee is payable to the City Treasurer upon application for a permit or licensed to operate and maintain cockpits. The cockpit registration fee is also payable upon application for permit and within the first twenty (20) days of January of each year in case of renewal thereof.

(b) The permit fee on cockpit personnel shall be paid to the City Treasurer before said personnel participate in a cockfight. Thereafter, the fee shall be paid annually upon renewal of the registration during the birth month of the concerned personnel.

Section 4H.04 Administrative Provision

(a) Ownership, operation and management of cockpit - Only Filipino Citizens not otherwise disqualified by existing ordinances or laws shall be allowed to own, manage and operate cockpit. Cooperative capitalization is encouraged.

(b) Establishment of cockpits - The Sangguniang Panglunsod shall determine the number of cockpits to be allowed in the City of Olongapo.

(c) Cockpit’s size and construction - Cockpits shall be constructed and operated within the appropriate area as prescribed in the Zoning Ordinance. Owners, lessees, or operators of cockpits which are now in existence and do not conform to this requirement are required to comply with these provisions within a period to be specified by the City Mayor. Approval or issuance of building permits for the construction of a cockpit shall be approved and issued by the City Building Official in accordance with existing ordinances, laws and practices.

(d) Only duly registered promoters, referees, cashiers, bet managers, matchmakers, pit managers, bet takers, or gaffers, shall take part in all kinds of cockfights held in the City of Olongapo. No owner or operator of a cockpit shall employ or allow any of the above-mentioned cockpit personnel to participate in a cockfight unless he has registered and paid the fee herein required.

(e) Upon payment of the fees herein imposed, the corresponding Mayor's permit
shall be issued. The Mayor’s permit must always be in the possesion of permittee, available for presentation upon demand by inspectors from the Mayor’s Office

Section 4H.05 Penalty - Any violation of the provisions of this Article shall be punishable by a fine of not less than One Thousand Pesos (PhP1,000.00) but no more than Five Thousand Pesos (PhP5,000.00) or imprisonment of not less than one (1) month but not more than six (6) months or both at the discretion of the Court.

Section 4H.06 Applicability Clause - The provisions of the Cockfighting Law and other pertinent laws shall apply to matters regarding the operation of cockpits and the holding of cockfights in the City of Olongapo.

Article I. Permit Fee for Cockfighting

Section 4I.01 Definitions - When used in this Article

(a) Cockfighting is the sport of pitting or evenly matching gamecocks to engage in an actual fight where bets on either side are laid. Cockfighting may also be formed as "cockfighting derby; pintakasi or tupada," or its equivalent in different Philippine localities.

(b) Local Derby is an invitational cockfight participated in by gamecockers or cockfighting "aficionados" of the Philippines with "pot money" awarded to the proclaimed winning entry.

(c) International Derby refers to the invitational cockfight participated in by local and foreign gamecockers or cockfighting "afficionados’ with "pot money" awarded to the proclaimed winning entry.

Section 4I.02 Imposition of Fees - There shall be collected the following fees for cockfighting:
(Per Event)
(a) Special Cockfighting (Pintakasi) PhP5, 000.00
(b) Special derby assessment
(1) In derbies w/ winning bet of less than P4, 000.00 500.00 per event
(2) In derbies w/ winning bet is P4, 000 to P10,000 1,000.00 per event
(3) In derbies w/ winning bet is P10,000.00 and above 2,000.00 per event

Section 4I.03 Exemptions - Cockfight held during Sundays, legal holidays and local fiestas, and international derbies may be exempted from payment of fees under Section 4I.02 as long as the Sangguniang Panlungsod approved such exemption in a resolution passed by 2/3 vote of all its members, and that beneficiaries are clearly stated and an audited financial statement of recently concluded activity be submitted to the Sangguniang Panlungsod.

Section 4I.04 Time of Payment - The fees herein imposed shall be payable to the City Treasurer, who shall immediately transmit a report of payments made to the City Mayor and the Sangguniang Panlungsod before cockfights and derbies can be lawfully held.

Section 4I.05 Penalty - Any violation of the provisions of this Article shall be punishable by a fine of Five Thousands Pesos (PhP5,000,00) or imprisonment of not less than one (1) month but not more than six (6) months or both at the discretion of the Court.

Section 4I.06 Administrative Provisions

(a) Holding of cockfights – Cockfighting shall be allowed in the City of Olongapo only in licensed cockpits during Saturdays, Sundays, national/local holidays and during local fiestas or fair approved by the Sangguniang Panlungsod. It shall be held for a maximum of three (3) days per week. No cockfighting shall be held on Holy Thursday, Good Friday, Election or Referendum Day and during registration days for such election or referendum.

(b) Cockfighting for entertainment of tourists or for charitable purposes. Subject to the preceding subsection hereof, the holding of cockfighting may also be allowed for the entertainment of foreign dignitaries or for tourists, or for returning Filipinos, commonly known as “Balikbayan”, or for the support of national or local fund-raising campaign for charitable purposes as may be authorized upon resolution of the Sangguniang Panlungsod, in licensed cockpits or in playgrounds or parks or multi-purpose centers. This privilege shall be extended by Sangguniang Panlungsod one each for entertainment of tourists and another for a charitable purpose, for a period not exceeding three (3) days each, within a year.

(c) Cockfighting Officials - Gaffers, referees or bet takers or promoters shall not act as such in any cockfight in the City of Olongapo without first securing a license from the City and paying required fees.

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