Directing the Continued Suspension of Electronic Sabong Operations Nationwide

December 28, 2022

EXECUTIVE ORDER NO. 09

DIRECTING THE CONTINUED SUSPENSION OF ELECTRONIC SABONG OPERATIONS NATIONWIDE

WHEREAS, Presidential Decree (PD) No. 449 (s. 1974), otherwise known as the "Cockfighting Law of 1974," which governs the establishment, operation, and ownership of cockpits in the Philippines, prohibits holding of cockfights in unlicensed cockpits, as well as other kinds of gambling during a cockfight;

WHEREAS, PD No. 483 (s. 1974) prohibits game-fixing, point-shaving or machinations of sports contests, games, or races, as well as betting on fraudulent, deceitful, dishonest games, races, or sports contests;

WHEREAS, PD No. 1602 (s. 1978) prescribes stiffer penalties to those who take part in any illegal or unauthorized activities of cockfighting;

WHEREAS, Executive Order No. 13 (s. 2017) declared as "illegal gambling" all activities and services directly or indirectly related to gambling, conducted beyond the territorial jurisdiction of the government authority which issued the license;

WHEREAS, Section 447 (3) (v) and Section 458 (3) (v) of Republic Act (RA) No. 7160 or the "Local Government Code of 1991," provides that local government units (LGUs) shall, for the general welfare of their city or municipality and inhabitants, authorize and license the establishment, operation, and maintenance of cockpits, and regulate cockfighting and commercial breeding of gamecocks, provided that existing rights should not be prejudiced;

WHEREAS, under Section 10 of PD No. 1869 (s. 1983), as amended by RA No. 9487 or the "Philippine Amusement and Gaming Corporation (PAGCOR) Charter," the PAGCOR is mandated to operate and license gambling casinos, gaming clubs and other similar recreation or amusement places, gaming pools, whether on land or sea, within the territorial jurisdiction of the Republic of the Philippines, with the exception of games under the jurisdiction of other franchising entities under existing laws;

WHEREAS, the PAGCOR, by virtue of its authority under its Charter, issued the Regulatory Framework for Electronic Sabong (E-Sabong), including auxiliary E-Sabong operators and off-cockpit betting stations;

WHEREAS, a nationwide suspension of E-Sabong operations was implemented on 03 May 2022;

WHEREAS, there is an urgent need to reiterate the continued suspension of all E-Sabong operations nationwide, clarify the scope of existing regulations, and direct relevant agencies to pursue aggressive crackdown against illegal E-Sabong operations, in accordance with law;

WHEREAS, the State has the paramount obligation to protect public health and morals, and to promote public safety and the general welfare; and

WHEREAS, Section 17, Article VII of the 1987 Constitution vests in the President the power of control over all executive departments, bureaus, and offices, as well as the mandate to ensure the faithful execution of laws;

NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Continued Suspension of E-Sabong Operations. — All E-Sabong operations, including all auxiliary E-Sabong operations, shall continue to be suspended nationwide. Consistent with the Regulatory Framework for E-Sabong issued by the PAGCOR, and relevant laws, rules and regulations, any of the following activities related to E-Sabong operations is suspended:

a. Live-streaming or broadcasting of live cockfights outside cockpits or cockfighting arenas, or premises where cockfights are being held; and/or

b. Online/remote or off-cockpit wagering/betting on live cockfighting matches, events, and/or activities streamed or broadcasted live, regardless of the location of the betting platform, including but not limited to betting platforms that may be situated inside the cockpit or cockfighting arenas, or premises where cockfights are being held.

The operations of traditional cockfights authorized or licensed under existing laws shall not be covered by the foregoing suspension.

SECTION 2. Directives to Relevant Agencies. — The PAGCOR shall coordinate with LGUs, other concerned government agencies, and private entities on the implementation of this Order. The Department of the Interior and Local Government (DILG) and the Philippine National Police (PNP) shall render the necessary assistance to the PAGCOR in the implementation of this Order, and shall take appropriate action against violators in accordance with law.

SECTION 3. Report. — The PAGCOR, in coordination with the DILG and the PNP, shall submit regular reports to the President, through the Office of the Executive Secretary, relative to the implementation of this Order.

SECTION 4. Separability. — If any part or provision of this Order shall be held unconstitutional or invalid, the other parts or provisions not affected thereby shall continue to be in full force and effect.

SECTION 5. Repeal. — All other orders, rules and regulations, or parts thereof that are inconsistent with this Order are hereby repealed, amended or modified accordingly.

SECTION 6. Effectivity. — This Order shall take effect immediately.

DONE in the City of Manila, this 28th day of December, in the year of Our Lord, Two Thousand and Twenty-Two.

 

Published in the Official Gazette, Vol. 119, No. 2, p. 206 on January 9, 2023.