TO STRENGTHEN its existing regulatory measures on the operation of cockpits, the Danao City Government wants to implement a new local cockpit ordinance.
Repealing City Ordinance 11-94, City Ordinance 27-19 reinforces the regulations on the establishment, operation and maintenance of a cockpit arena, prescribing conditions for the issuance of franchise or license thereof, and regulating cockfighting and breeding of gamecocks.
The previous ordinance provided that only one cockpit may be established in the city and did not specify the other days when a cockfight may be held, aside from Saturdays and Sundays.
The legislation was referred to the committee on ways and means of the Provincial Board (PB) for review on July 8, 2019.
The report was signed by committee chairman PB Member Horacio Franco (4th) on July 31. It was approved on Aug. 5.
Among the observations made by the committee was the need for the Danao City Council to review its schedule for holding cockfights since the ordinance has proposed the inclusion of some holidays that are prohibited by law.
Section 13.1 of the ordinance states that cockfights shall be held in a licensed cockpit on Saturdays, Sundays and legal holidays such as the Philippine Independence Day, Bonifacio Day, Christmas Day, National Heroes Day, Election Day or Referendum Day, Registration Days for such election or referendum, All Saints Day and Rizal Day.
However, Section 5(d) of Presidential Decree (PD) 449 or the Cockfighting Law of 1974 bans cockfighting on Rizal Day, National Heroes Day, Independence Day, Holy Thursday, Holy Friday, Election Day or Referendum Day and during Registration Days for such election or referendum.
“Thus, the said provision of the ordinance is ultra vires, as this is prohibited by law,” the committee report read.
The holding of cockfights outside the allowed days is what prompted authorities to detain some 300 persons during a raid in a cockpit in Barangay Ibabao-Estancia, Mandaue City on Monday, Aug. 5. Authorities had noticed that cockfights were held in the cockpit every day.
Aside from the schedule on cockfights, the ordinance also provides that a maximum of two cockpits may be established and operated in Danao City.
The committee found that the matter is within the legal bounds provided under Section 1 of PD 1310, which provides that “[...] in cities and municipalities with a population of more than 100,000, two cockpits may be established, maintained and operated in the Poblacion and one in each city or town district.”
A 2015 census showed that Danao’s population is 136,471, which means it is allowed to establish and maintain two cockpits. (RTF)