Article 139Act No. 3815, Sec./Art. 139

Sedition-How committed.-The crime of sedition, is committed by persons who rise publicly and tumultuously in order to attain by force any of the following objects:

1. To prevent the promulgation or execution of any law or the holding of any popular election;

2. To prevent the Insular Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order;

3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;

4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and

5. To despoil, for any political or social end, any person, municipality or province, or the Insular Government or the Government of the United States, of all its property or any part thereof.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

entertainment among Filipinos during legal holidays,

local fiestas, agricultural, commercial and industrial fairs,

carnivals or expositions;

WHEREAS, by reason of the aforestated meaning and

connotation of cockfighting in relation to filipino customs

and traditions, it should neither be exploited as an object

of commercialism or business enterprise, nor made a tool

of uncontrolled gambling, but more as a vehicle for the

preservation and perpetuation of native Filipino heritage

and thereby enhance our national identity.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President

of the Philippines, by virtue of the powers vested in me by

the Constitution, do hereby decree and order to be part of

the laws of the land, the following:

Sec

1.

Title.

This

Decree

shall

be

known

as

the

"Cockfighting Law of 1974".

Section 2. Scope. This law shall govern the establishment,

operation, maintenance and ownership of cockpits.

Section 3. Declaration of Policy. It is hereby declared a

policy of the government 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

our

tourism

program; and

(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 law, the

following

terms

shall

be

understood,

applied

and

construed as follows:

(a) Cockfighting shall embrace and mean the commonly

known game or term "cockfighting derby, pintakasi or

tupada", or its equivalent terms in different Philippine

localities.

(b) Zoning Law or Ordinance Either both national or local

city or municipal legislation which logically arranges,

prescribes,

defines

and

apportions

a

given

political

subdivision into specific land uses as present and future

projection of needs warrant.

(c) Bet Taker of Promoter A person who calls and takes

care of bets from owners of both gamecocks and those of

other bettors before he orders commencement of the

cockfight and thereafter distributes won bets to the

winners after deducting a certain commission.

(d) Gaffer (Taga Tari) A person knowledgeable in the art of

arming fighting cocks with gaff or gaffs on either or both

legs.

(e) Referee (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

make

known

his

decision by work or

gestures and result of the cockfight by announcing the

winner or declaring a tie or no contest game.

(f) Bettor A person who participates in cockfights and

with the use of money or other things of value, bets with

other bettors or through the bet taker or promoter and

wins or loses his bet depending upon the result of the

cockfight as announced by the Referee or Sentenciador.

He may be the owner of fighting cock.

Section 5. Cockpits and Cockfighting: In General:

(a) Ownership, Operation and Management of Cockpits.

Only Filipino citizens not otherwise inhibited by existing

laws shall be allowed to own, manage and operate

cockpits. Cooperative capitalization is encouraged.

(b) Establishment of Cockpits. Only one cockpit shall be

allowed in each city or municipality, except that in cities

or municipalities with a population of over one hundred

thousand, two cockpits may be established, maintained

and operated.

(c) Cockpits Site and Construction. Cockpits shall be

constructed and operated within the appropriate areas as

prescribed in Zoning Law or Ordinance. In the absence of

such law or ordinance, the local executives shall see to it

that no cockpits are constructed within or near existing

residential

or

commercial

areas,

hospitals,

school

buildings, churches or other public buildings. Owners,

lessees,

or

operators

of

cockpits

which are now in

existence and do not conform to this requirement are

given three years from the date of effectivity of this

Decree to comply herewith. Approval or issuance of

building permits for the construction of cockpits shall be

made by the city or provincial engineer in accordance

with

their

respective

building

codes,

ordinances

or

engineering laws and practices.

(d) Holding of Cockfights. Except as provided in this

Decree, 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 provincial, city or municipal, agricultural,

commercial or industrial fair, carnival or exposition for a

similar period of three days upon resolution of the

province, city or municipality where such fair, carnival or

exposition is to be held, subject to the approval of the

Chief of Constabulary or his authorized representative:

Provided, that, no cockfighting on the occasion of such

fair, carnival or exposition shall be allowed within the

month of a local fiesta or for more than two occasions a

year in the same city or municipality: Provided, further,

that no cockfighting shall be held on December 30 (Rizal

Day), June 12 (Philippine Independence Day) November

30 (National Heroes Day), Holy Thursday, Good Friday,

Election or Referendum Day and during Registration

Days for such election or referendum.

(e) Cockfighting for Entertainment of Tourists or for

Charitable Purposes. Subject to the preceding subsection

hereof,

the

Chief

Constabulary

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 national fund-raising

campaigns for charitable purposes as may be authorized

by the Office of the President, upon resolution of a

provincial board, city or municipal council, in licensed

cockpits or in playgrounds or parks: Provided, that this

privilege shall be extended for only one time, for a period

not exceeding three days, within a year to a province, city,

or municipality.

(f)

Other

games

during

cockfights

prescribed.

No

gambling of any kind shall be permitted on the premises

of the cockpit or place of cockfighting during cockfights.

The owner, manager or lessee off such cockpit and the

violators of this injunction shall be criminally liable under

Section 8 hereof.

Section 6. Licensing of Cockpits. City and municipal

mayors are authorized to issue licenses for the operation

and maintenance of cockpits subject to the approval of

the

Chief

of

Constabulary

or

his

authorized

representatives. For this purpose, ordinances may be

promulgated for the imposition and collection of taxes

and fees not exceeding the rates fixed under Section 13,

paragraphs (a) and (b); and 19; paragraph (g) 16 of

Presidential

Decree

No.

231,

dated

June

28,

1973,

otherwise known as the Local Tax Code, as amended.

Section 7. Cockfighting Officials. Gaffers, referees or bet

takers or promoters shall not act as such in any cockfight

herein

authorized,

without

first

securing

a

license

renewable every year on their birthmonth from the city or

municipality where such cockfighting is held. Cities and

municipalities may charge a tax of not more than twenty

pesos.

Only

licensed

gaffers,

referees,

bet takers or

© Compiled By RGL

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