An Ordinance Amending Section 12B.03 of City Ordinance Number 794, Otherwise Known as the 2016 Revised Revenue Code of Puerto Princesa City

February 26, 2018 Excerpts from the Journal of Proceedings of the 82nd Regular Session of the 15th Sangguniang Panlungsod of the City of Puerto Princesa Held on February 26, 2018 at the Session Hall of the Sangguniang Panlungsod. PUERTO PRINCESA CITY ORDINANCE NO. 915 AN ORDINANCE AMENDING SECTION 12B.03 OF CITY ORDINANCE NUMBER 794, OTHERWISE KNOWN AS THE 2016 REVISED REVENUE CODE OF PUERTO PRINCESA CITY Sponsored by: Committee on Legal Matters WHEREAS ,cockfighting or sabong is one of the Filipino traditions which Section 14, Article II of the 1987 Philippine Constitution mandates the State to foster, preserve and enrich; HTcADC WHEREAS , Section 458 (a), (3), (v) of Republic Act Number 7160, otherwise known as the Local Government Code of 1991, provides, that: "the Sangguniang Panlungsod shall enact ordinances granting franchises and authorizing the issuance of permits or licenses, for the establishment, operation, and maintenance of cockpits"; WHEREAS , Section 3 of Presidential Decree No. 449, otherwise known as the Cockfighting Law of 1974, declared it a policy of the government to insure within the framework of the New Society maximum development and promotion of wholesome recreation and amusement to effectively control and regulate cockfighting towards its establishment as a national recreation, relaxation and source of entertainment and 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; WHEREAS ,cockfighting or sabong ,besides being a tradition, is also considered as a national sport and a livelihood to many Filipinos. In-fact, cockfighting and gamefowl breeding have already become an industry; WHEREAS ,presently, the grant of franchise by the Sangguniang Panlungsod for the operation of a cockpit in the Poblacion is embroiled in a legal issue before the court and the franchised cockpit outside the Poblacion is still in operational; WHEREAS ,the absence of a duly authorized cockfighting activity will result to the proliferation of illegal cockfights known as Tupada which usually permeates even the most crowded areas in the city, to the detriment of the nearby residents; WHEREAS ,the 14th Council, through Ordinance No. 659, enacted on June 8, 2015, authorized the grant of special permits to conduct cockfighting activities during Saturdays and Sundays. Subsequently, the afore-mentioned ordinance was partially amended by Ordinance No. 797 which authorized the grant of special permits to conduct cockfighting activity to Barangays and Puroks even on weekdays on the occasion of their respective fiestas; NOW THEREFORE ,on motion of Hon. Modesto V. Rodriguez II, City Councilor, Majority Floor Leader, BE IT ORDAINED by the Sangguniang Panlungsod of the City of Puerto Princesa in its regular session assembled, that: SECTION 1. Section 128.03 of City Ordinance Number 794 is hereby amended and shall henceforth read, as follows: " Section 12B.03. Franchise to Operate Cockfight . Pursuant to City Ordinance Number 576-2014, only Two (2) cockpits shall be constructed, maintained, and operated within the City of Puerto Princesa. The said cockpits shall be constructed and situated in separate barangays, one in the Poblacion area and another either in a Southern or Northern Barangay of the city. Provided that, construction shall conform with the City Zoning Ordinance. Said cockpits shall only be allowed to operate upon grant of a franchise by the Sangguniang Panlungsod through a public bidding conducted for the said purpose and subject to Section 12B.10 of this Ordinance. Provided further, that in the absence of a legitimate franchise, the Local Chief Executive is authorized to issue special permit to accredited game fowl breeders associations to conduct cockfighting activities on Saturdays and Sundays, including legal holidays, except those specifically prohibited by law. However, in cases of regional or national derbies falling on weekdays, a permit may also be granted for a period not exceeding 2 days, until 10:00 in the evening. However, said cockfighting activities undertaken pursuant to this paragraph shall be conducted in a building or structure, which conforms to pertinent national and local zoning and building regulations. Upon the commencement of the operation of a franchised cockpit outside the Poblacion, the Special Permit to conduct cockfighting activities and the corresponding Mayor's permit issued for the operation of the cockpits are ipso facto cancelled." SECTION 2. No cockfighting activity shall be conducted without the presence of a representative of the City Government designated by the City Mayor as observer who shall report to the City Mayor any violation of the provisions of existing Ordinances, Executive Orders, and other regulations on cockfighting being implemented by the City Government. Any violation shall result to cancellation of the Special Permit. aScITE SECTION 3. Repealing Clause . All Ordinances inconsistent with this ordinance are deemed amended accordingly. SECTION 4. Effectivity . This Ordinance shall take effect fifteen (15) days following its publication in a local newspaper of general circulation in the City of Puerto Princesa. SO ORDAINED. CERTIFIED TRUE AND CORRECT BY: ATTY. PHILIP JEROME J. HILARIO Secretary to the Sangguniang Panlungsod ATTESTED AND CERTIFIED TO BE DULY ADOPTED: JIMMY L. CARBONELL City Councilor, Chairman Protempore Temporary Presiding Officer APPROVED: Ordinance No. 915 on ___________ LUCILO R. BAYRON City Mayor ATTESTED: ATTY. ARNEL M. PEDROSA City Legal Officer Acting City Administrator