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REPUBLIC ACT NO. 8511 - AN ACT
GRANTING THE STARLAND RACING CORPORATION A FRANCHISE TO CONSTRUCT,
OPERATE AND MAINTAIN A RACETRACK FOR HORSE RACING IN THE PROVINCE OF
BATANGAS |
Section 1. Nature and Scope of Franchise. — Subject to the
provisions of the Constitution and applicable laws, rules and
regulations, there is hereby granted to the Starland Racing
Corporation, hereunder referred to as the grantee, its successor or
assigns, a franchise to construct, establish, operate and maintain one
racetrack in the Province of Batangas, to establish such branches
thereof for booking purposes anywhere in the country, and to hold or
conduct horse races therein with bettings whether on the results of the
races directly or by means of mechanical, electric and/or computerized
totalizator and to do and carry out all such acts, deeds and things as
may be necessary to give effect to the foregoing.
Sec. 2. Authority of the Philippine Racing Commission and the Games and Amusement Board. — The races to be conducted by the grantee shall be under the supervision and regulation of the Philippine Racing Commission, which shall enforce the laws, rules and regulations governing horse racing, including the framing and scheduling of races, the construction and safety of the racetrack, the allocation of prizes of winning horses, and the security of racing as provided in Presidential Decree No. 420, as amended: provided, that the Games and Amusement Board shall continue to supervise and regulate betting in horse races as provided in Section s 6, 8, 11, 15 and 24 of Republic Act No. 309, as amended. Sec. 3. Term of Franchise. — This franchise shall be for a term of twenty-five (25) years from the date of effectivity of this Act, unless sooner revoked or cancelled. This franchise shall be deemed ipso facto revoked in the event the grantee fails to commence operations within three (3) years from the effectivity of this Act or to operate continuously for two (2) years. Sec. 4. Offering, Taking or Arranging Bets for Races. — The grantee or its duly authorized agent, may offer, take or arrange bets for races conducted in or outside the Philippines in person or by any electronic or other means of processing transactions, anywhere in the Philippines, whether within or outside the place, enclosure, or track where horse races are held, in on-track or off-track betting stations, a day in advance of and/or during scheduled races held or conducted within or outside the Philippines. No other entity or person other than the grantee or its duly authorized agents or licensees shall offer, take or arrange any bet on any horse participating in any race conducted by the same, or maintain or use a totalizator or any device, method or system to bet on any horse within its premises or outside the same enclosure or track in the course of horse races and/or operated by the same grantee. Sec. 5. Penalties. — Any person or persons found to have violated the provisions of the aforementioned section shall be punished by a fine of not less than Twenty thousand pesos (P20,000.00) but not more than One hundred thousand pesos (P100,000.00) or by imprisonment of a minimum of six (6) months and a maximum of one (1) year, or both, at the discretion of the court. If the offender is a corporation, partnership or association, the criminal liability shall devolve upon its president, managing partner or manager responsible for such violation. Sec. 6. Computerized and/or Mechanical Devices. —
The grantee shall provide and operate, and is hereby authorized to do
and carry out all such acts, deeds and things as may be necessary for
the effective conduct of the business under this franchise, and, to
achieve an orderly, clean and honest horse racing in the conduct
thereof, the grantee shall provide and operate any mechanical,
electrical and/or computerized devices, equipment and facilities,
including but not limited to: Sec. 7. Terms of Sale of Betting Tickets. — The grantee shall publish and display prominently and in appropriate places the terms and conditions regarding the sale of betting tickets. Sec. 8. Distribution of Total Wager Funds or Gross
Receipts. — The total wager funds or gross receipts from the sales of
betting tickets shall be apportioned as follows: Sec. 9. Breakage. — The receipts from betting
corresponding to the fractions of less than Ten centavos (P0.10)
eliminated from the dividends paid to the winning tickets, commonly
known as breakage, shall be set aside as follows: Section 10. Schedule of Races. — The provisions of
any existing law, executive or administrative order to the contrary
notwithstanding, the grantee is hereby authorized to hold horse races
on at least two (2) days during the week as may be determined by the
Philippine Racing Commission, and on all Saturdays, Sundays and
official holidays of the year, except on those official holidays where
the law expressly provides that no horse races are to be held. The
grantee may also conduct races on the eve of any public holiday to
start not earlier than five-thirty (5:30) in the afternoon but not to
exceed five (5) days a year. Section 11. Documentary Stamps. — On each horse racing ticket, there shall be collected a documentary stamp tax of Ten centavos (P0.10): provided, that if the cost of the ticket exceeds One peso (P1.00), an additional tax of Ten centavos (P0.10) on every One peso (P1.00) or fractional part thereof shall be collected: provided, further, that, in case of double, forecast/quinella and trifecta bets, the tax shall be Ten centavos (P0.10) on every One peso (P1.00) worth of ticket. Section 12. Franchise Tax. — The grantee, its
successors or assigns, shall be liable to pay the same taxes on their
real estate, buildings and personal property, exclusive of this
franchise, as other persons or corporations are now or hereafter may be
required by law to pay. In addition thereto, the grantee, its
successors or assigns, shall pay a franchise tax equal to twenty-five
per centum (25%) of its gross earnings from the horse races authorized
under this franchise which is equivalent to the eight and one-half per
centum (8 ½%) of the total wager funds or gross receipts on the
sale of betting tickets during the racing days as mentioned in Sec. 9 hereof, allotted as follows: Section 13. Taxes on Winnings. — Every person who
wins in horse racing shall pay a tax equivalent to ten percent (10%) of
his winnings or dividends, the tax to be based on the actual amount
paid to him for every winning ticket after deducting the cost of the
ticket: provided, that in the case of winnings from double,
forecast/quinella and trifecta bets, the tax shall be four percent
(4%), and in the case of winning race horses, the tax shall be ten
percent (10%) of the prize. Section 14. Acceptance and Compliance. — Acceptance of this franchise shall be given in writing within sixty (60) days after the effectivity of this Act. Upon giving such acceptance, the grantee shall exercise the privileges granted under this Act. Non-acceptance shall render the franchise void. Section 15. Warranty in Favor of National and Local Governments. — The grantee shall hold the national, provincial and municipal governments of the Philippines harmless from all claims, accounts, demands or actions arising out of accidents or injuries, whether to property or to persons, caused by the construction or operation of the racetracks of the grantee. Section 16. Dispersal of Ownership. — The grantee shall offer at least thirty per centum (30%) of its outstanding capital stock or a higher percentage that may hereafter be provided by law in any securities exchange in the Philippines within five (5) years from the time of the effectivity of this Act. Noncompliance therewith shall render the franchise ipso facto revoked. Section 17. Sale, Lease, Transfer, Usufruct, etc. — The grantee shall not lease, transfer, grant the usufruct of, sell nor assign this franchise or the rights and privileges acquired thereunder to any person, firm, company, corporation or other commercial or legal entity, nor merge with any other corporation or entity, nor shall the controlling interest of the grantee be transferred, whether as a whole or in parts and whether simultaneously or contemporaneously, to any such person, firm, company, corporation or entity without the prior approval of the Congress of the Philippines. Any person or entity to which this franchise is sold, transferred or assigned shall be subject to the same conditions, terms, restrictions and limitations of this Act. Section 18. Separability Clause. — If any of the sections or provisions of this Act is held invalid, all the other provisions not affected thereby shall remain valid. Section 19. Repealability and Nonexclusivity Clause. — This franchise shall be subject to amendment, alteration or repeal by the Congress of the Philippines when the public interest so requires and shall not be interpreted as an exclusive grant of the privileges herein provided for. Sec. 20. Reportorial Requirement. — The grantee shall submit an annual report to the Congress of the Philippines on its compliance with the terms and conditions of the franchise and on its operations within sixty (60) days from the end of every year. Sec. 21. Effectivity. — This Act shall take effect
fifteen (15) days from the date of its publication in at least two (2)
newspapers of general circulation in the Philippines. Approved: February 13, 1998 |
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