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PRESIDENTIAL DECREE NO. 1507
PRESIDENTIAL DECREE NO. 1507 - AN
ACT GRANTING THE PHILIPPINE GAMES AND HOLIDAYS CORPORATION A FRANCHISE
TO OPERATE, CONSTRUCT AND MAINTAIN A FRONTON FOR BASQUE PELOTA AND
SIMILAR GAMES OF SKILL IN THE CITY OF CEBU
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WHEREAS,
civic organizations, the press, and the church, including the
Archbishop of Cebu, have brought to the attention of the authorities
the proliferation of illegal numbers game, locally called "Masiao", to
the detriment of the citizenry;chanroblesvirtualawlibrary
WHEREAS, it has been recommended by certain sectors such as the Cebu
Queens City Lions Club, Cebu Jaycees, and the Cebu Tourism Council,
that the re-opening of the Jai-Alai Fronton would substantially
minimize the problem associated with the operation of the illegal
numbers game;chanroblesvirtualawlibrary
WHEREAS, the experience of the government in holding out Basque Pelota
as a sport, as an amusement, as tourism attraction, and as base for
revenue generation for the government's development projects since the
enactment of Presidential Decree No. 810, has been most encouraging and
successful. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND. E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, hereby decree
as follows:cralaw:red
Section 1. Any provision of law to the contrary
notwithstanding, there is hereby granted to the Philippine Games and
Holidays Corporation, a corporation duly organized and registered under
the laws of the Philippines, hereinafter called the grantee, or its
successors, for a period of twenty-five years from the promulgation of
this Decree, extendible for another twenty-five years without the
necessity of another franchise, the right, privilege, and authority to
construct, operate and maintain a court for Basque Pelota (including
the games of pala, raqueta, cestapunta, remonte, and mano) in the City
of Cebu, establish branches thereof for booking purposes, in the City
of Cebu or elsewhere, and hold or conduct Basque pelota games therein
with bettings either direct or by means of electric and/or computerized
totalizator. chanroblesvirtualawlibrary
The games to be conducted by the grantee shall be under the supervision
of the Games and Amusement Board, hereinafter referred to as the board,
which shall enforce the laws, rules and regulations governing Basque
Pelota as provided in Commonwealth Act numbered four hundred and
eighty-five, as amended, and all the officials of the game and
pelotaris therein shall be duly licensed as such by the Board.
Section 2. The grantee or its duly authorized agent
may offer, take or arrange bets within or outside the place, enclosure
or court where the Basque pelota games are held; Provided, That bets
offered taken or arranged outside the place, enclosure or court where
the games are held, shall be offered, taken or arranged only in places
duly licensed by the corporation, Provided, however, That the same
shall be subject to the supervision of the Board. Any person, not
otherwise authorized under this Act, who shall offer, take or arrange
bets on any basque pelota game or event and similar games of skill or
knowingly permit the commission of any of the act prohibited in this
Act in any inhabited or uninhabited place or any building, vessel or
other means of transportation owned or controlled by him: violates any
provision of this Act shall be punished by a fine of not less than one
thousand pesos nor more than five thousand pesos, or by imprisonment of
not less than six months, or both in the discretion of the Court;
Provided, further, That any person who shall make or place a bet with
such unauthorized person, operators or maintainers shall likewise be
punished by a fine of not less than five hundred nor more than two
thousand pesos, or by imprisonment of one day to thirty days, or both,
in the discretion of the court. If the offender is a partnership,
corporation or association, the criminal liability shall devolve upon
its president, directors or any other officials responsible for the
violation. chanroblesvirtualawlibrary
Section 3. The grantee shall provide mechanical
and/or computerized devices, namely: a) electric totalizator; b)
machine directly connected to a computer in a display board, for the
sale of tickets, including, those sold from the off-court stations; c)
modern sound system and loud speakers; d) facilities that will bring
safety, security, comfort and convenience to the public; e) modern
intercommunication devices; and f) such other facilities, devices and
instruments for clean, honest and orderly Basque pelota games, within
three years from the approval of this Act. chanroblesvirtualawlibrary
The Board shall assign its auditors and/or inspectors to supervise and
regulate the placing of bets, proper computation of dividends and the
distribution of wager funds.
Section 4. The total wager fund or gross receipts
from the sale of betting tickets shall be apportioned as follows:
eighty-five per centum (85%) shall be distributed in the form of
dividends among the holders of "win" or "place" numbers as the case may
be. The remaining balance of fifteen per centum (15%) shall be
distributed as follows: eleven and one-half per centum (11 ½%)
shall be set aside as the commission fee of the grantee, and the three
and one-half per centum (3 ½%) thereof shall be set aside and
allotted to any special health, educational, civic, cultural,
charitable, social welfare, sports, and other projects, including
national government projects in Cebu, as shall be directed by the
President. The receipts from betting corresponding to the fraction of
ten centavos eliminated from the dividends paid to the winning tickets,
commonly known as breakage, shall also be set aside for abovementioned
projects.
Any provisions of law, decree or order to the contrary notwithstanding,
the tax on winning of bettor on the basque pelota games be only five
per centum (5%) of the actual amount paid to the winners, which tax
shall be collected in the manner and under such regulations as now or
may hereafter be prescribed; Provided, however, That an additional five
per centum (5%) shall be levied on such winnings as special assessment
thereon to be set aside to augment the amount allocated for the special
and other projects mentioned in the next proceeding paragraph.
Section 5. The provision of any existing law to the
contrary notwithstanding, the grantee is hereby authorized to hold
Basque pelota games (including the games of pala, raqueta, cestapunta,
remonte and mano) on all days of the week except Sundays and official
holidays. chanroblesvirtualawlibrary
Section 6. The provisions of Commonwealth Act
numbered four hundred and eighty-five as amended, shall be deemed
incorporated herein. Pertinent provisions of Republic Act nine hundred
fifty-four (R.A. 954) relative to Basque pelota games, and all other
laws, decrees, executive orders, rules and regulations, or parts
thereof inconsistent with this decree are hereby repealed and/or
modified accordingly.
Section 7. The grantee shall not lease, transfer,
grant the usufruct of, sell or assign this franchise permit, or the
rights or privileges acquired thereunder to any person, firm, company,
corporation or other commercial or legal entity, nor merge with any
other person, company or corporation organized for the same purpose
without the previous approval of the President of the
Philippines. chanroblesvirtualawlibrary
Section 8. This Act shall take effect upon its
approval.
Done in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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