Cockfighting Ordinance in the Municipality of Midsayap

June 27, 2012 Excerpt from the Minutes of the 102nd Regular Session of the Sangguniang Bayan of Midsayap, Cotabato Held at SB Session Hall on June 27, 2012. MIDSAYAP MUNICIPAL ORDINANCE NO. 231-12 AUTHOR: HON. ROLAND D. JUNGCO SPONSORS: HON. ROGELIO H. YEE, HON. LLOYD S. QUEJADA, HON. ALFONSO P. MONTENEGRO, HON. JOSELITO F. PAPELERA AN ORDINANCE PRESCRIBING AND PROMULGATING THE RULES AND REGULATIONS IN THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF COCKPITS AND COCKFIGHTING ACTIVITIES IN THE MUNICIPALITY OF MIDSAYAP IMPOSING FEES, TAXES AND CHARGES AND FOR OTHER PURPOSES SECTION 1. Title of the Ordinance . This ORDINANCE shall be known as the " COCKFIGHTING ORDINANCE IN THE MUNICIPALITY OF MIDSAYAP ". SECTION 2. Scope of Ordinance . This Ordinance shall govern, control, enforce, regulate and supervise the establishment, maintenance and operation of cockpits and cockfighting activities in the municipality of Midsayap in consonance with the mandate of the Local Government Code and subject to the limitations provided under P.D No. 1802 as amended. SECTION 3. Declaration of Policy . It is hereby declared a policy of this Local Government Unit to insure within the framework of the new society maximum development and promotion of wholesome recreation and amusement to bring about the following goals: (a) To effectively control and regulate cockfighting towards its establishment as a national recreation, relaxation and source of entertainment; (b) To provide additional revenue for the municipality of Midsayap; (c) To remove and prevent excessive and unreasonable business operation and profit considerations in the management of cockpits and instead, preserve Philippine customs and traditions and thereby enhance our national identity; SECTION 4. Definition of Terms . As used in this Ordinance, the following terms shall be understood, applied and construed as follows: (a) Cockpit refers to an enclosed building usually with an area of a circular or hexagonal shape where battles of gamecocks are undertaken; (b) Cockfighting shall embrace and mean the commonly known game or term "cockfighting derby, pintakasi or tupada" or its equivalent terms in different Philippines localities; (c) Bet taker or promoter refers to a person 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"; (d) "Derby" a pre-scheduled cockfighting with the corresponding minimum weight of gamecocks and bets, it is either 2-cocks, 3-cocks ...etc. or stag derby with specific regulations to be met by its participants; (e) Gaffer in commonly known as "taga-tari" refers to an individual who is capable of arming a gamecock by fastening a sharp metal spur to its leg; (f) Promoter a person or group of persons who, by means of a written or verbal invitation to cockfighting aficionados, initiate the holding of cockfights or derby; (g) Bettors those persons who arrive at the agreement that those who lose in the outcome of the cockfight must pay the amount what was agreed upon; (h) Referee or Sentenciador a person who watches and oversees the proper gaffing or 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; (i) Taga Gamot refers to an individual who, by customs and traditions, attend to the medical needs of a wounded gamecock; (j) Sultador the owner of the gamecock himself or a representative of the owner designated to release the gamecock for the fight; (k) Entry simply refers to a participating gamecock. SECTION 5. Ownership, Operation and Management of Cockpits . The following persons or entities may own, operate or manage a cockpit: (a) Filipino citizen/s not otherwise prohibited by law; (b) Cooperative, corporation or organization which capital is one hundred percent (100%) Filipino owned or formed organization duly accredited by the Local Government Unit; (c) Residents of the Municipality shall have preferential rights over non-residents in the granting of license. SECTION 6. Number of Cockpits Allowed . There shall be allowed to be established, maintained and operated not more than two (2) cockpits in the municipality of Midsayap considering that its number of population is more than one hundred thousand (100,000); SECTION 7. Cockpits Site and Construction . Cockpits shall be constructed and operated within the appropriate areas as prescribed in the Zoning Ordinance. For purposes of this ordinance, no cockpits shall be constructed within one hundred (100) meters from the existing residential or commercial areas, hospitals, school buildings, churches or other public buildings. Approval or issuance of building permits for the construction of cockpits shall be made by the municipal engineer in accordance with the building code or engineering laws and practices. SECTION 8. Holding of Cockfights . 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 municipal, agricultural, commercial or industrial fair, carnival or exposition for a similar period of three days upon resolution of the Sangguniang Bayan subject to the approval of the Chief Executive or his authorized representative. Provided that no cockfighting shall be held on December 30 (Rizal Day),June 12 (Independence Day),November 30 (National Heroes Day),Holy Thursday, Good Friday, Election of Referendum Day and during Registration Days for such election or referendum. SECTION 9. Cockfighting for Entertainment of Tourists or for Charitable Purposes . Subject to the preceding section hereof, the Local Chief 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 local fund-raising campaigns for charitable purposes upon resolution of the Sangguniang Bayan, in licensed cockpits or in playgrounds or parks. SECTION 10. Other Games During Cockfights . No gambling of any kind shall be permitted or allowed on the premises of the cockpit or place of cockfighting during cockfights. The owner, manager or lessee of such cockpit and the violators hereof shall be criminally liable. SECTION 11. Franchising and Licensing of Cockpits . Upon application made by a qualified applicant and upon compliance for licensing as provided in Section 12, sub.par. a, b and c, the Sangguniang Bayan through a resolution may issue franchise for the establishment, maintenance and operation of cockpits for a period not more than ten (10) years, such cannot be revoked within its effectivity, the same may be extended after expiration for the same period. License to operate cockpit shall likewise be issued by the Sangguniang Bayan upon compliance with the following requirements. Cockpits that are operating in the municipality without authority required under this ordinance shall be closed without prejudice to sanctions imposed under existing laws. SECTION 12. Requirements for Licensing of Cockpits . The following requirements must be complied with before the issuance of the licenses: (a) The location and vicinity plan of the cockpit; (b) The cockpit building plan/design as approved by the Municipal Engineer 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; (c) A certification by the building official that the location/site of the cockpit is not within the radius of 100 lineal meters from any existing residential or commercial area, hospitals, school buildings, churches or other public buildings; (d) Health care certificate issued by the Rural Health Unit of the Municipality. (e) Once a resolution of the Sangguniang Bayan authorizing the establishment, maintenance and operation of the cockpit is issued, the cockpit shall not automatically operate unless the necessary fees, taxes and charges as required by this ordinance have been paid; (f) The license to operate shall be renewable every three years upon application which shall be submitted to the Sangguniang Bayan not later than December 31 of its third year. Failure to renew said license within sixty (60) days after its expiration, the same shall be considered valid ground for its revocation. SECTION 13. Cockfighting Officials . The following cockfighting officials are required to register with the office of the Municipal Mayor: (a) Promoters (b) Pit Managers (c) Referee (Sentenciador) (d) Bet Takers (Kristo) (e) Gaffers (Mananari); (f) "Taga-gamot" SECTION 14. Fees, Taxes and Charges . (A) There shall be imposed the following fees, taxes and/or charges exclusive of other fees for business permits and other charges prescribed under the revenue code: a) Franchise fee Php10,000.00 b) Licensing fee 5,000.00 c) Application filing fee 500.00 d) Renewal of licensing fee 5,000.00 e) Bet takers P250.00 per annum f) Promoters P550.00 per annum g) Gaffers P250.00 per annum h) Referee P250.00 per annum i) "Taga-Gamot P200.00 per annum (B) Special Permit Fees shall likewise be paid for the following: (a) Two-cock Derby P500.00 (b) Three-cock Derby P1,000.00 (c) Four-Cock Derby or more P1,500.00 (d) There shall be collected the amount of P50.00 for every "sultada" from the owner of the winning cock to be remitted to the local treasury. The owner of the cockpit shall be responsible in deducting the said amount from the winner SECTION 15. Time of Payment . The fees mentioned in the immediately preceding section shall be paid to the Municipal Treasury after fifteen (15) days from the effectivity of this ordinance and every expiration of dates of licenses thereafter. SECTION 16. Administrative Provisions . A) To insure the safety and comfort of the people inside the cockpit, it shall be the responsibility of the cockpit owner/operator to: (a) Provide security personnel during the duration of the cockfighting activities; (b) See to it that no person is carrying firearms or deadly weapons of whatever form shall be allowed inside the cockpit or its premises other than those authorized under this code; (c) See to it that no minor shall be allowed inside the cockpit; (d) Maintain cleanliness and proper sanitation inside the cockpit and its premises; B) It shall be the duty of the chief of police to provide one (1) element in complete uniform from his unit inside the arena for assistance so as to insure the maintenance of the peace and order, further he is empowered or his authorized representative under this ordinance to inspect license of persons mentioned under section _ hereof and finally, shall have the right to prohibit or deny participation of those persons who fail to comply with the provisions of this ordinance. C) The Local Chief Executive is empowered under this Ordinance to create a Municipal Game Fowl Commission composed of five (5) members to insure the proper implementation of this Code. SECTION 17. Penal Provisions . The following penalties shall be imposed on any or all violations of this Ordinance: a) For the First Offense. A FINE of ONE THOUSAND PESOS (P1,000.00) or imprisonment of ONE (1) WEEK or both at the discretion of the proper court. b) For the Second Offense. A FINE of ONE THOUSAND FIVE HUNDRED PESOS (P1,500.00) or imprisonment of ONE (1) MONTH or both at the discretion of the proper court. c) For the Third Offense. A FINE of TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00) or an 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 with 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 18. Repealing Clause . Local Ordinances, Resolutions, orders, Rules and Regulations that are inconsistent with this Ordinance are hereby repealed, modified or amended accordingly. SECTION 19. 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 20. Effectivity Clause . This Ordinance shall take effect immediately upon satisfaction of its required publication in a newspaper of general circulation in the Municipality of Midsayap and the posting of same in two (2) conspicuous places of the Municipality. APPROVED .June 27, 2012. Certified True & Correct: (SGD.) MILA C. BAYOG, MPA Secretary to the Sangguniang Bayan ATTESTED: (SGD.) MORATA Q. MANTIL Mun. Councilor/Acting Presiding Officer APPROVED: (SGD.) MANUEL M. RABARA Mayor