Creating The Philippine Gamefowl Commission

Case Overview and Summary

Summary of Presidential Decree No. 1802

Creation of the Philippine Gamefowl Commission
- Created under the Office of the President (Section 1)
- Composed of 9 members: Director of Animal Industry, Chairman of Games and Amusement Board, representatives from Ministry of Local Government and Community Development, Ministry of Tourism, Ministry of Finance, and 4 members from private sector (one representing cockpit owners/operators association) (Section 1)

Powers and Functions of the Commission (Section 2)
- Promulgate and enforce rules and regulations on holding cockfight derbies and cockfights in the Philippines, including frequency, sites, conduct, and operation (Section 2a)
- Issue licenses for holding international derbies (Section 2b)
- Prescribe policy guidelines for issuance of permits by Bureau of Animal Industry for importation or entry of gamecocks for breeding or competition purposes (Section 2c)
- Fix and periodically revise rates of license fees and other levies on local and international cockfight derbies, cockpit personnel and employees, subject to approval of Ministry of Finance (Section 2d)
- Promulgate rules and regulations on holding, methods, procedures, operations and conduct of cockfighting, accreditation of cockpit personnel and associations, to elevate the standard of cockfighting (Section 2e)
- Promulgate rules and procedures for conduct of its own business (Section 2f)
- Appoint an Executive-Director, subordinate officials and personnel, and fix their compensation (Section 2g)
- Establish uniform rules and regulations to govern actual cockfighting enforceable in all cockpits, and provide sanctions for violations (Section 2h)
- Deputize government offices, entities, agencies and public officers in implementation of laws, decrees, instructions, orders pertinent to cockfighting rules and regulations issued by the Commission (Section 2i)
- Initiate, undertake, hear and decide investigations for violations, issue subpoenas (Section 2j)
- Perform duties and exercise powers necessary or incidental to achieve objectives of the Decree (Section 2k)
- Perform other functions authorized by law (Section 2l)

Definitions and Incorporation of Terms (Section 3)
- Terms defined in Presidential Decree No. 449 and Executive Order No. 636 are incorporated

Authority of City and Municipal Mayors (Section 4)
- City and Municipal Mayors, with concurrence of their respective Sangguniang Panglunsod or Sangguniang Bayan, shall have authority to license and regulate regular cockfighting, under supervision of City Mayor and Provincial Governor

Appropriations (Section 5)
- Amount necessary for operating expenses of the Commission for current and immediately following calendar year is authorized to be appropriated

Penal Provision (Section 6)
- Punishable offenses under P.D. 449 remain punishable under this Decree
- Violations of rules and regulations issued by the Commission shall be treated in accordance with penal sanctions provided therein

Repealing Clause (Section 7)
- Laws, decrees, charters, executive orders, administrative orders, proclamations, rules and regulations in conflict with this Decree are repealed or modified accordingly
- Specifically repeals provisions of Customs and Tariff Code allowing auction of illegally imported gamecocks

Effectivity (Section 8)
- This Decree shall take effect immediately