WHEREAS,
the development, promotion and maintenance of desirable moral, social
and cultural values is one of the objectives of the New Society;chanroblesvirtualawlibrary
WHEREAS, professional basketball has remained the most popular
spectator sports in our country;chanroblesvirtualawlibrary
WHEREAS, there have been changes of game-fixing or point shaving and
"play for play" in local basketball circles;chanroblesvirtualawlibrary
WHEREAS, the necessity of distinguishing clearly the status of
amateurism as opposed to professionalism has given birth to the
Philippine Basketball Association which seeks to establish and maintain
a professional basketball league;chanroblesvirtualawlibrary
WHEREAS, there is urgent need for governmental supervision and
regulation on the operation and conduct of professional basketball
games and other professional games as well as the participants therein
to insure integrity and provide ample protection to all concerned at
all times;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:cralaw:red
Section 1. Supervision and regulation. — The
supervision and regulation of professional basketball games and other
professional games in the Philippines shall be vested in the Games and
Amusements Board. chanroblesvirtualawlibrary
Section 2. Powers and duties of the Board. — The
Board shall, subject to the approval of the Executive Secretary, have
the power:cralaw:red
a) To prescribe additional rules and regulations not
inconsistent herewith to govern the operation and conduct of
professional basketball games and other professional games existing or
which may hereafter be authorized by law, decree, executive order or
other issuances;chanroblesvirtualawlibrary
b) To enforce the laws, decrees, executive orders,
rules and regulations, relating to professional basketball games and
other professional games;chanroblesvirtualawlibrary
c) To approve or disapprove the rules and regulations
issued by persons, entities or associations relative to the operation
and conduct of professional basketball games or other professional
games;chanroblesvirtualawlibrary
d) To exercise supervision over all officials,
employees and persons connected with professional basketball games and
other professional games;chanroblesvirtualawlibrary
e) To issue licenses or permits to conduct
professional basketball games or other professional games and collect
fees for the issuance thereof;chanroblesvirtualawlibrary
f) To suspend or revoke any such license or permit
for failure to comply with and/or for violation of the provision of
this decree, or any law, executive order, rule or regulation
promulgated hereunder;chanroblesvirtualawlibrary
g) To order the temporary suspension of any license
or permit issued pursuant to this decree or the rules and regulations
promulgated hereunder, whenever such action is necessary for the best
interest of the professional games under the supervision of the
Board; chanroblesvirtualawlibrary
h) To appoint personnel as it shall deem necessary in
the exercise and performance of its powers and duties and fix their
salaries or compensation, and/or to employ the services by contract or
otherwise, consultant or any local or foreign expert or technical
personnel to provide technical and necessary assistance, conduct
seminars and training relative to professional basketball games and
other professional games and pay reasonable emoluments for their
services;chanroblesvirtualawlibrary
i) To order the suspension of any game in case of
violation or non-compliance with the provisions of this decree or the
rules and regulations promulgated hereunder;chanroblesvirtualawlibrary
j) To consider, investigate, decide and settle all
questions, matters, controversies or disputes arising out of or
connected with professional games or other professional games under its
supervision in accordance with the rules and procedures it may adopt;chanroblesvirtualawlibrary
k) To designate any of its officers to conduct
hearing or investigation of any case pending before it;chanroblesvirtualawlibrary
l) To summon parties, issue subpoena or require the
production of such books, papers, contracts, records or other documents
as may be necessary for the just determination and adjudication of any
matter under investigation;chanroblesvirtualawlibrary
m) To inspect the books, records and accounts of any
person, entity or association conducting or authorized to conduct
professional basketball games or other professional games and require
that the books and financial or other statement of such person, entity
or association shall be kept in such manner as it may prescribe; and
n) To perform such other duties and exercise all
other powers incidental or necessary for the attainment of the purposes
of the Board and proper enforcement of the provision of this decree.
Section 3. Permit. — It shall be unlawful for any
person, entity or association to conduct professional basketball games
or other professional games without permit duly issued by the Board.
Every permit issued shall specify the person, entity or association to
which it was issued, the place where and the date when the games are to
be held.
Section 4. License. — No person, entity or
association may employ any player, referee, scorer, timekeeper or other
persons performing duties connected with professional basketball games
or other professional games, unless such person has been duly licensed
by the Board. Such license shall be obtained from the Board yearly and
shall, however, be subject to withdrawal or revocation in any case
where the Board shall have reason to believe that any of the aforesaid
persons is guilty of any dishonest or fraudulent practice, or has
violated any law, decree, executive order, rule or regulation on
professional basketball games or other professional games, or for any
just cause.
Section 5. Assignment of officials. — At each
professional basketball games or other professional game, the Board
shall assign among the duly licensed officials, referees, timekeepers,
or scorers and other officials to officiate thereat and only the
officials so designated shall have authority to perform their
respective functions.
Section 6. Duty of person, entity or association
conducting professional games. — It shall be the duty of the person,
entity or association conducting professional basketball games, or
other professional games, to see that peace and order is maintained in
the premises of the place where the games are being conducted and that
the rules and regulations governing the same are properly
observed. chanroblesvirtualawlibrary
Section 7. License fee. — The following license fee
shall be paid:cralaw:red
a) For professional basketball teams, P100.00 each
annually;chanroblesvirtualawlibrary
b) For coaches P50.00 each annually;chanroblesvirtualawlibrary
c) For players P50.00 each annually;chanroblesvirtualawlibrary
d) For players P50.00 each annually;chanroblesvirtualawlibrary
e) For referees P50.00 each annually;chanroblesvirtualawlibrary
f) For timekeepers, scorers and such other persons
who in the judgment of the Board should be licensed, P20.00 each
annually.
The above license fees shall accrue to the funds of the Board.
Section 8. Admission receipts and other income. — The
Board shall, through its duly authorized representatives, supervise the
sale of admission tickets for any professional basketball games or
other forms of professional games. All tickets, except complimentary
tickets, shall state the price, name of person, entity or association
conducting the professional basketball games or other professional
games, team names and the date of the games printed plainly thereon. No
ticket shall be sold for more than the price as printed thereon and any
change in ticket prices or the date of the games shall be subject to
the approval of the Board.
Any person, entity or association conducting professional basketball
games or other professional games shall set aside and remit to the
Board three per cent (3%) of the gross gate receipts and income from
television, radio and motion picture rights if any, which shall be
available to defray the expenses of the personnel of the Board assigned
to supervise the games and for such other expenses in other activities
of the Board. Provided, however, That all professional basketball games
conducted by the Philippine Basketball Association shall only be
subject to amusement tax of five per cent of the gross receipts from
the sale of admission tickets.
Section 9. Civil Service Law and WAPCO coverage. —
Appointments to positions with duties and functions pertaining to the
supervision and regulation of professional basketball games and other
professional games shall be subject to the provisions of the Civil
Service Laws and rules, but shall however be exempted from the coverage
of Wage and Position Classification Office.
Section 10. Appeals, orders, rulings and decisions of
the Board. — Orders, rulings and decisions of the Board on matters
connected with or arising out of basketball may be appealed to the
Office of the President, whose decision shall be final, within
seventy-two (72) hours from receipts of the order, ruling or decision
appealed from.
Section 11. Forfeiture of sums paid to the Board. —
All sums paid to the Board in payment of license or permit fees
required under the provisions of this decree or the rules and
regulations promulgated hereunder shall be deemed forfeited upon the
cancellation or revocation of such license or permit.
Section 12. Separability clause. — If any provision
or part of this decree is declared unconstitutional, such declaration
shall not invalidate the other provisions hereof.
Section 13. Repealing clause. — Any law, decree,
executive order of administrative order or regulations inconsistent
herewith are hereby repealed or modified accordingly.
Section 14. Effectivity. — This decree shall take
effect immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 6th day of January, in the year of Our Lord, nineteen hundred and
seventy-six.
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