WHEREAS,
horse-racing should be given the impetus for development so as to fully
take advantage of its revenue-earning and employment-giving aspects;chanroblesvirtualawlibrary
WHEREAS, the continued growth of horse-racing will inevitably result in
the development of related industries which at present are non-existent
and/or not fully exploited;chanroblesvirtualawlibrary
WHEREAS, it is necessary to restore integrity to the sport to make it
compatible with the ideals of the sports development under the New
Society;chanroblesvirtualawlibrary
WHEREAS, horse-racing as one of the oldest and universally diversions
of man has become highly specialized and sophisticated so as to
necessitate more attention of the government; and
WHEREAS, it is imperative that a specialized body be created which
shall have a thorough and closer supervision and control of all aspects
of the sport in order to insure public benefit;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution as Commander-in-Chief of all the Armed Forces of the
Philippines, pursuant to Proclamation No. 1081, dated September 12,
1972 as amended by Proclamation No. 1104, dated January 17, 1973 and
General Order No. 1, dated September 22, 1972 as amended, in order to
effect the desired and necessary changes and reforms in the social and
economic structure of our society, do hereby order and decree and make
as part of the law of the land of the following:cralaw:red
Section 1. Declaration of Policy. — It is the
declared policy to promote and direct the accelerated development and
continued growth of horse-racing not only in pursuance of the sports
development program but also in order to insure the full exploitation
of the sport as a source of revenue and employment. chanroblesvirtualawlibrary
Section 2. Creation of the Philippine Racing
Commission. — For the purpose of carrying out the above declared
policy, there is hereby created a Philippine Racing Commission,
hereinafter referred to as the Commission, which shall be directly
under the administrative supervision of the Office of the President of
the Philippines.
Section 3. Aims and Objectives. — The Commission
shall have the followingms and objectives:cralaw:red
a. To promote, insure and maintain efficient and
unbiased operation of racing, exclusive of the supervision of betting
therein;chanroblesvirtualawlibrary
b. To raise public confidence in the sport and to
minimize infraction of the rules of racing; and
c. To improve the breed of Philippine horses and to
prevent illegal importation of race-horses.
Section 4. Membership of the Commission. — The
Commission shall be composed of a chairman and four members to be
appointed by the President of the Philippines, upon the recommendation
of the Metropolitan Association of Race Horse Owners, Inc.
Section 5. Term of Office. — The term of office of
the commissioners shall be four (4) years: Provided, That no vacancy
shall be filled except for the unexpired portion of any term; and
Provided, further, That any member of the Commission whose term of
office has expired shall remain in office until his successor shall
have been duly appointed and qualified. The Chairman and members of the
Commission may be suspended or removed by the President of the
Philippines.
Section 6. Meetings and Quorum. — The Commission
shall meet regularly once a week and as often as the exigencies of the
service may demand, upon the call of the Chairman or upon the request
of two members of the Commission. The vote of at least three (3)
members shall be necessary for the adoption of any rule, resolution or
decision of the Commission. chanroblesvirtualawlibrary
Section 7. Allowances and Per Diems. — The Chairman
of the Commission shall receive a monthly commutable allowance of One
Thousand Pesos and a per diem not to exceed Three Hundred Pesos for
each meeting actually attended by him: Provided, That such allowance
and per diems shall not exceed Two Thousand Two Hundred Pesos during
any one month.
The other members of the Commission shall receive a monthly commutable
allowance of Eight Hundred Pesos and a per diem not to exceed Two
Hundred Pesos for each meeting actually attended by them: Provided,
That such allowance and per diems shall not exceed One Thousand Six
Hundred Pesos during any one month for each member.
Section 8. Jurisdictions, Powers and Functions. —
Generally, the Commission shall have exclusive jurisdiction and control
over every aspect of the conduct of horse-racing, including the framing
and scheduling of races, the construction and safety of race tacks, the
allocation of prizes, and the security of racing.
The functions of Games and Amusements Board with respect to
horse-racing, except those related to the supervision and regulation of
betting in horse-racing as provided for in Sections 6, 11, 15, 18 and
24 of Republic Act 309, as amended, are hereby transferred to the
Commission.
The Games and Amusements Board shall continue to supervise jai-alai,
boxing and wrestling activities as provided in existing applicable laws.
Section 9. Specific Powers. — Specifically, the
Commission shall have the power:cralaw:red
a. To enforce all laws, decrees and executive orders
relating to horse-racing that are not expressly or impliedly repealed
or modified by this Decree, including all such existing rules and
regulations until otherwise modified or amended by the
Commission; chanroblesvirtualawlibrary
b. To prescribe additional rules and regulations not
otherwise inconsistent with this Decree;chanroblesvirtualawlibrary
c. To register race horses, horse owners or
associations or federations thereof; and to regulate the construction
of race tracks and to grant permit for the holding of races;chanroblesvirtualawlibrary
d. To issue, suspend or revoked permits and licenses
and to imposed or collect fees for the issuance of such licenses and
permits to persons required to obtain the same;chanroblesvirtualawlibrary
e. To review, modify, approve or disapprove the rules
and regulations issued by any person or entity concerning the conduct
of horse races held by them;chanroblesvirtualawlibrary
f. To supervise all such race meetings to assure
integrity at all times. It can order the suspension of any racing event
in case of violation of any law, ordinance or rules and regulations;chanroblesvirtualawlibrary
g. To prohibit the use of improper devices, drugs,
stimulants or other means to enhance or diminish the speed of horse or
materially harm their condition;chanroblesvirtualawlibrary
h. To approve the annual budget of the Commission and
such supplemental budgets as may be necessary;chanroblesvirtualawlibrary
i. To appoint all personnel, including an Executive
Director of the Commission as it may be deem necessary in the exercise
and performance of its powers and duties; and chanroblesvirtualawlibrary
j. To enter into contracts involving obligations
chargeable to or against the funds of the Commission.
Section 10. Other Powers and Duties. —chanroblesvirtualawlibrary
a. The Commission may impose fines, penalties and
forfeitures to erring parties under the rules and regulations of the
Commission, which fines, penalties and forfeitures shall accrue to the
funds of the Commission;chanroblesvirtualawlibrary
b. The Commission may, in its discretion or upon
petition of any interested party, after notice and hearing, modify,
suspend or revoke any permit or license for failure to comply with
and/or for violation of any provision of law or any order, rules or
regulations issued thereunder: Provided, That the Commission may for
good cause and without notice and hearing, order the temporary
suspension of such permit/license whenever such step, in the judgment
of the Commission, shall be necessary and for the best interest of
racing;chanroblesvirtualawlibrary
c. Except in cases where summary actions are taken,
in the settlement of dispute and other problems connected with the
conduct of horse-racing, the Commission shall act as a body and all
hearings and investigations before it shall be governed by the rules of
procedures as may be adopted by it: Provided, That orders, rulings and
decisions may be appealed to the President of the Philippines within
seventy-two hours from receipt of such orders, rulings and decisions;chanroblesvirtualawlibrary
d. For the purpose of carrying out the provisions of
this Decree, the Commission may summon parties, issue subpoena or
require the production of such books, papers, contracts, records, or
statement of accounts as may be material to a just determination of any
matter under investigation. The Commission may designate any of its
members or officers to conduct hearings and investigations on any
matter pending before it; and chanroblesvirtualawlibrary
e. The Commission shall perform such other duties and
exercise all other powers incidental or necessary to the accomplishment
of thems and objectives of the Commission.
Section 11. Funding. — In order to provide the
necessary funds to cover the expenses of the Commission and such other
purposes authorized under this Decree, one per centum of the gross
receipt derived from the total sale of tickets for daily double, llave,
forecast, jackpot and other similar events is hereby constituted as a
special fund to be used by the Commission: Provided, however, That the
one per centum of the gross receipts derived from the total sale of the
tickets for pari mutuel races, shall continue to be retained as special
fund for use of the Games and Amusements Board: Provided, further, That
to promote clean and honest horse-racing, licensed jockeys or trainers
who are suspended by the Commission for violation of existing rules on
horse racing shall be temporarily suspended from all benefits other
than medical and hospitalization expenses during the period of
suspension.
Section 12. Audit. — The Commission on Audit shall
appoint a representative who shall be the Auditor of the Commission and
the necessary personnel to assist said representative in the
performance of his duties.
Section 13. Applicability of the Civil Service Law
and Exemption from WAPCO Coverage. — All personnel of the Commission
are subject to the provisions of the Civil Service Law, rules and
regulations. However, the regular professional and technical personnel
are exempt from the coverage of the Wage and Position Classification
Office. chanroblesvirtualawlibrary
Section 14. Supplies and Services Other than
Personnel. — All purchases and supplies or contracts for services,
except for personal services, entered into by the Commission shall be
done through competitive public bidding: Provided, That bidding shall
not be required when (1) on emergency, as certified by the Chairman,
requires immediate delivery of the supplies or performance of the
services, and (2) the aggregate amount involved in any one purchase of
supplies or procurement of services does not exceed Ten Thousand Pesos,
in which case, such purchase or procurement may be made in the usual
course of business: Provided, further, That the Commission's emergency
purchase of supplies and services shall not exceed the amount of Fifty
Thousand Pesos for any one month; Provided, finally, That in comparing
bids and in making awards, the Commission shall consider such factors
as the cost and relative quality and adaptability of supplies or
services; the bidder's financial responsibility, skill, experience,
integrity, and ability to furnish repairs and maintenance services; the
time and delivery or performance offered; and the bidder's compliance
with the specifications desired.
Section 15. Transitory Provision. — Pending the
organization of the Commission, the Games and Amusements Board shall
continue to exercise the duties and functions transferred to the
Commission. The personnel of the Games and Amusements Board whose
functions and duties are transferred to the Commission may be retained
in the Board; but those not so retained shall be transferred to the
Commission, unless the Commission determines otherwise. Those not
retained in the Board nor transferred to the Commission shall be
considered separated from the service: Provided, That the separated
personnel who are entitled to retire under existing retirement laws
shall be so retired: Provided, further, That those who shall not be
retired under existing laws shall be entitled to and paid a gratuity
equivalent to one month salary for every year of service in the
government on the basis of the highest salary received by them, subject
to availability of funds.
The Commission is hereby authorized to reorganize the National Stud
Farm and such reorganization shall be submitted to the President for
approval within six months from the promulgation of this Decree.
Pending the reorganization, the Farm shall be under the supervision and
control of the Commission. chanroblesvirtualawlibrary
Section 16. Repealing Clause. — The provisions of
Republic Act No. 309, as amended and all other acts, decrees, executive
orders, rules and regulations or parts thereof which are inconsistent
with the provisions of this Decree are hereby either repealed or
modified accordingly.
Section 17. Separability Clause. — The provisions of
this Decree are hereby declared to be separable and in the event any
one or more of such provisions are held unconstitutional, the validity
of other provisions shall not be affected.
Section 18. Effectivity. — This Decree shall take
effect immediately.
DONE in the City of Manila,
this 20th day of March, in the year of Our Lord, nineteen hundred and
seventy-four.
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