2008 O - 04 - AMENDING O - 101 AND O - 106, BOTH SERIES OF 1978 PROVIDING FOR THE ESTABLISHMENT, OPERATION, AND MAINTENANCE OF COCKFIGHTING

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON FEBRUARY 06, 2008 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - - - - - City Vice-Mayor & Presiding Officer Hon. Gina Gulanes-Perez - - - - - - - - - - - - - - - - City Councilor
Hon. John Carlos G. Delos Reyes - - - - - - - - - - - - “ “
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - - “ “
Hon. Sarah Lugerna Lipumano-Garcia- - - - - - - - - “ “
Hon. Edwin J. Piano - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Angelito W. Baloy - - - - - - - - - - - - - - - - - - “ “
Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Cheenee F. Hoya - - - - - - - - - - - - - - - - - - - - SK Federation President

ABSENT:

None.

WHEREAS, Ordinance No. 101 and Ordinance No. 106, both series of 1978, define the establishment of location and citation of a cockpit arena in the City of Olongapo;

WHEREAS, the Local Government Code repeals the power and function of the Games and Amusement Board regarding the operation of a cockpit, devolving it to Local Government Units;

WHEREAS, the regulation and operation of a cockpit shall be provided by the LGUs in compliance with the Local Government Code also known as RA 7160;

WHEREAS, this Ordinance seeks to amend Ordinance numbers 101 and 106, both series of 1978, to fully comply with the provisions of RA 7160;

NOW, THEREFORE, on motion of Councilor Angelito W. Baloy co sponsored by Councilors Gina G. Perez, Rodel S. Cerezo, Edwin J. Piano, Anselmo A. Aquino, Elena C. Dabu, Carlito A. Baloy and Cheenee F. Hoya, with the majority decision of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled to enact the following Ordinance:

ORDINANCE NO. 04
(Series of 2008)

AN ORDINANCE AMENDING ORDINANCE NO. 101 AND ORDINANCE NO. 106, BOTH SERIES OF 1978 PROVIDING FOR THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF COCKFIGHTING AND THE REGULATION OF COCKFIGHTING AND COMMERCIAL BREEDING OF GAMECOCKS

BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED THAT:

SECTION 1. TITLE. This Ordinance shall be known as “THE COCKFIGHTING ORDINANCE OF OLONGAPO CITY”.

SECTION 2. SCOPE. This Ordinance shall govern the establishment, operation, maintenance and ownership of cockpits and the breeding of game fowls.

SECTION 3. PURPOSE. It is the declared purpose of this Ordinance to abide by the policy of government in the promotion of recreation and amusement to bring about the following goals:

3.1 To ensure an orderly conduct of cockfighting to avoid disarray among the participating aficionados;

3.2 To effectively control and regulate cockfighting towards its establishment as a form or recreation, relaxation and source of entertainment;

3.3 To remove and prevent excessive and unreasonable business operation and profit consideration in the management of cockpits;

3.4 To provide additional revenues.

SECTION 4. DEFINITION OF TERMS. As used in this Ordinance, the following terms shall be understood, applied and construed as follows:

4.1 COCKPIT – an enclosed building usually with an area of a circular or hexagonal shape where battles of gamecocks are undertaken;

4.2 COCKFIGHTING – shall mean the commonly known game of “cockfighting”, “derby”, “pintakasi” or its equivalent terms in different Philippine localities;

4.3 BET TAKER or PROMOTER – refers to a person or persons in charge of handling bets during cockfights or one who collects losing bets and distributes them to the winning betters after deducting their commissions. They are more commonly known as “KRISTOS” and are classified as follows;

4.3a REGULAR BETTAKERS – those who are regularly employed by the owner-operator of the cockpit and hence, receive a commission as such; and

4.3b ORDINARY BETTAKERS – those who are not employed by the owner-operator and who always stay outside the cockpit arena but are nevertheless governed by the regulations in the management of a cockpit;

4.3c BETTORS – those persons who arrive at the agreement that those who lose in the outcome of the cockfight must pay what was agreed upon;

4.3d PROMOTERS – a person or group of persons who, by means of a written or verbal invitation to cockfighting aficionados, initiate the holding of cockfights or derbies;

4.3e GAFFER or ‘’ TAGA-TARI’’ – refers to an individual who is capable of arming a gamecock by fastening a sharp metal spur to its leg;

4.3f REFEREE or 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 declares his decision by word or gestures and announces the result of the cockfight by proclaiming the winning gamecock;

4.3g “TAGA-GAMOT” – refers to an individual who, by customs and traditions, attend to the medical needs of a wounded gamecock;

4.3h SULTADOR – the owner of the gamecock himself or a representative of the owner designated to release the gamecock for the fight;

4.3i BREEDERS – those engaged in the activity of producing game fowls for commercial purposes;

4.3j DERBY – a pre-scheduled cockfighting with the corresponding minimum weights and bets, it is either 2-cocks; 3-cocks; 4-cocks; 5-cocks; 6-cocks; 8-cocks and stag derby with specific regulations to be met and executed by its participants;

4.3k ENTRY – simply refers to a participating gamecock.

SECTION 5. IMPOSITION OF FEES – The rates of fees imposed are as follows;

5.a FRANCHISING FEE - - - - - - - - - - - - - - - - - - - - - - - - - - - PhP 3,000,000.00

5.b APPLICATION FILING FEE- - - - - - - - - - - - - - - - - - - - - 500.00

5.c ANNUAL COCKPIT LICENSE FEE- - - - - - - - - - - - - - - - 5,000.00
SECTION 6. ANNUAL PERMIT FEES FOR COCKPIT PERSONNEL

6.a Ordinary Bet Takers - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PhP 150.00

6.b Regular Bet Takers - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 200.00

6.c Promoters- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,000.00

6.d Gaffers- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 200.00

6.e Referee - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 300.00

6.f Taga-gamot - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 250.00

6.g For a scheduled day of cockfight, the manager, operator,
maintainer, or owner of cockpit shall pay a fee of
One Thousand Five Hundred Pesos (PhP1,500.00)
for its cockfight day payable on or before the scheduled date.

6.h Special permits fees shall likewise be paid for the following:

6.h1 International Derby - - - - - - - - - - - - - - - - - - - - - - - - PhP 15,000.00

6.h2 Special Cockfights- - - - - - - - - - - - - - - - - - - - - - - - - - 3,000.00
6.h3 Two-Cock Derby- - - - - - - - - - - - - - - - - - - - - - - - - - - 1,000.00
6.h4 Three-Cock Derby- - - - - - - - - - - - - - - - - - - - - - - - - - 2,400.00
6.h5 Four-Cock Derby- - - - - - - - - - - - - - - - - - - - - - - - - - - 4,000.00
6.h6 Five-Cock Derby & over - - - - - - - - - - - - - - - - - - - - - - 5,000.00

6.i For every “SULTADA” for derby to be collected from the owner of
winning cocks to be remitted to the City of Olongapo treasury by
the cockpit owner or operator (Sultada Fee is Ph100.00)

SECTION 7. TIME OF PAYMENT. The fees mentioned in the immediately preceding section shall be paid to the City Treasury after Fifteen (15) days from the effectivity of this Ordinance and every expiration dates of licenses thereafter. A grace period of Ten (10) days is granted under this section for failure to pay during the exact expiration or due date.

SECTION 8. SURCHARGE FOR LATE PAYMENTS. Failure to pay the prescribed fees under Section 7 hereof during the period stipulated shall subject the person concerned to a surcharge of 25% of the original amount due.

SECTION 9. ADMINISTRATIVE PROVISIONS. The following shall be the administrative provisions of this Ordinance:

9.1 Considering that the City of Olongapo has a population of more than 100,000, two (2) cockpits may be allowed to operate as may hereafter be provided;

9.2 The site of construction of cockpits shall be constructed and operated within the appropriate areas as prescribed in the City Zoning Ordinance. No cockpit however shall be established, maintained and/or operated within a radius of 200 linear meters from hospitals, school buildings, churches, or other public buildings or properties and a radius of 15 - 20 linear meters from any existing residential and commercial areas. Cockpits may also be established within and/or as an adjunct of resorts, sports and/or recreational projects sites duly recognized and registered with the Philippine Tourism Authority, subject to the construction of cockpits shall be made by the City Engineering in accordance with the National Building Code and other applicable Laws.

9.3 Licensing of Cockpits- upon prior application made, the Sangguniang Panlungsod is duly authorized to issue a license for the establishment, operation and maintenance of cockpits.

9.4 Requirements for the licensing of cockpits. The following requirements must be fully complied with before the issuance of licenses;

9.4a New License. Every application for a new license to operate and maintain a cockpit shall submit to the Sangguniang Panlungsod the following:

A. The location and vicinity plan of the cockpit;
B. The cockpit building plan/design as approved by the City Engineering and a certification by him to the effect that the cockpit was constructed in accordance with such approved plan/design in the area allowed by the Zoning Ordinance, a certification by the building official to the effect that the location/site of the

cockpit is not within 15 linear meters from the highway and is pursuant to Subsection 9.2 of the Administrative Provisions of this Ordinance;
C. Official Receipts showing payments of City taxes, fees and other levies prescribed by ordinance duly promulgated by the City;
D. Health and Sanitation Certificate;
E. Fire and Safety Certificate from the Bureau of Fire Protection.

9.4b Annual Renewal. Every application for the annual renewal of a license to operate or manage a cockpit shall be submitted to the Sangguniang Panlungsod not later than the end of the year, and shall be accompanied by the following;

1. Official Receipts showing payments of City taxes, fees, and other levies as prescribed by pertinent City Ordinances; and
2. If the cockpit was constructed more than TEN (10) years before the date of application for license renewal, a certification issued by the City Building Official to the effect that such cockpit is FREE from material, structural or other physical hazards.

9.5 Only licensed Gaffers, Bet takers, Referees, and Promoters including Taga-gamot shall be allowed to participate in the cockfighting on any given cockfight or derby including Sundays’ regular cockfighting. Licensed persons under this section are those who have substantially complied with the payment of corresponding fees stated under Section 5 of this Ordinance.

9.6 Holding of Cockfights. Cockfighting shall be allowed only in licensed cockpits during Sundays and Legal Holidays as may be allowed upon prior application with the Sangguniang Panlungsod, during the City Agricultural, Commercial or Industrial fair, carnival or exposition for a period of THREE (3) days, provided that no cockfighting shall be held on December 30 (RIZAL DAY), June 12 (PHILIPPINE INDEPENCE DAY), November 30 (NATIONAL HEREOS DAY), HOLY THURSDAY, GOOD FRIDAY, Election or Referendum Day and during Registration Days for such election or referendum.

9.7 Cockfighting may also be allowed upon prior resolution approved by the Sangguniang Panlungsod for the entertainment of foreign dignitaries or for tourists, or for returning Filipinos or Balikbayan or for the support of National Fundraising campaigns for charitable purposes, in the latter case, as maybe by the Office of the President, in licensed cockpits or in the playground or parks.

9.8 The Chief of Police of the city shall assign ONE (1) element in complete uniform of his unit inside the arena for assistance and for the purpose stipulated for the security of the bet takers and management, operator of the cockpit. He shall be further required by virtue of this Ordinance, to assign FOUR (4) elements of his unit during Sundays regular cockfighting, including any promoted cock fight and derby to see to it that PEACE AND ORDER situation is properly observed and maintained. Furthermore, he is also empowered or his duly AUTHORIZED representative to inspect license of person mentioned under SECTION 4 hereof for purpose of compliance with this Ordinance and finally, shall have the right to prohibit or deny participation of those persons who fail to comply with the provisions of this Ordinance particularly Section 3.

9.9 No person shall be allowed to bring firearms of any caliber, or any deadly weapons, except those who are duly authorized personalities with the corresponding mission orders and a license/permit to carry outside their residence.

9.10 Other GAMES during cockfighting prescribed. No gambling of any kind shall be permitted within the premises of the cockpit arena during cockfights. The owner, manager, or operator of the cockpit and participants thereof shall be criminally liable under the penal provisions of this Ordinance.

9.11 No Government Employee, Local Barangay Official, Local City Official are allowed to directly or indirectly play and/or place bets, and/or to have an entry in cockfights.

9.12 No bottled liquor/alcoholic drinks shall be allowed within the premises of the cockpit and only plastic container drinks are allowed to be sold.

9.13 No person under EIGHTEEN (18) years old shall be allowed to participate in cockfight being held in all cockfighting arenas in the City of Olongapo.

9.14 Registration of BREEDERS. All breeders of game fowls are required to register with the Office of the City Veterinarian.

9.15 Cockfighting Board. A Board comprising of FIVE (5) members shall be created by the City Mayor to REGULATE the operation and MANAGEMENT of cockpit(s) in the City of Olongapo.

SECTION 10. PENAL PROVISIONS. The following penalties shall be imposed on any or all violations of this Ordinance;

10.1 For the First Offence. A FINE of P1,000.00 or imprisonment of ONE (1) week or both at the discretion of the proper court;

10.2 For Second Offence. A FINE of P2,500.00 or imprisonment of ONE (1) month or both at the discretion of the proper court;

10.3 For Third Offence. A FINE of P5,000.00 and or imprisonment of THREE (3) months or both at the discretion of the proper court;

Perennial Violators of this Ordinance after due notice and hearing shall suffer the penalty of ONE (1) month to SIX (6) months suspension from operating the cockpits business in addition to the aforementioned penalties.

The Officers of the juridical persons/corporate entities such as the President, General Manager and other persons shall be liable in their personal capacity and shall be sanctioned in accordance to the provision imposing penalties to natural persons.

In case of juridical persons, the latter is under obligation to notify its employees about the violation of this Ordinance.

SECTION 11. REPEALING CLAUSE. Local Ordinances, Resolutions, Orders, Rules and Regulations that are inconsistent with this Ordinance are hereby repealed, modified or amended accordingly.

SECTION 12. SEPARABILITY CLAUSE. If any provision of this Ordinance is declared unconstitutional and/or illegal, the remaining parts of this Ordinance shall not be affected and shall therefore be in full force and effect.

SECTION 13. EFFECTIVITY CLAUSE. This Ordinance shall take effect immediately upon satisfaction of its required publication in a newspaper of general circulation in the City of Olongapo and the posting of the same in two (2) conspicuous places of the City.

APPROVED, February 6, 2008.



CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor
(Opposed)


RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor
(Opposed)


EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor


AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor
(Opposed)


ELENA C. DABU CARLITO A. BALOY
City Councilor President, Liga ng mga Barangay


CHEENEE F. HOYA
SK Federation President


ATTEST:

ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor
ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor