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Thursday, March 28, 2024

Legality of Manila Cockers Club’s operations upheld

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THE Games and Amusements Board, chaired by Abraham Kahlil B. Mitra, together with Commissioners Eduard B. Trinidad and Matthew P. Gaston, unanimously upheld the legality of the operations of the Manila Cockers Club, Inc. and its Off-cockpit Betting Stations. 

The decision, penned on April 10, 2017, was made in connection with the complaints filed by Metro Manila Turf Club, Inc., Nicson Cruz,  Luisito Demaisip, Juanito Tionloc, and Jesi Lapus which questioned the legality of the operations of MCCI, in particular, the offering, taking, and acceptance of bets in the OCBS.

The GAB ruled that Manila Cockers was granted a franchise by the Municipality of Carmona, Cavite to establish, maintain and operate a cockpit arena under Municipal Ordinance No. 017-2014. 

The GAB recognized that the Local Government Code vested the local government units with sole and exclusive authority to regulate cockfighting. 

According to the GAB: “With the enactment of the RA 7160 (Local Government Code of 1991) specifically Sec. 447 (a)(3)(v) thereof, the law vested the local government units with the following authority, any law to the contrary notwithstanding, to wit: Authorize and license the establishment, operation, and maintenance of cockpits; Regulate cockfighting, and Regulate commercial breeding of gamecocks.”

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The GAB, likewise, acknowledged that Manila Cockers was authorized to offer, take and arrange bets in person or by any electronic or other means of processing transactions under its franchise. 

The GAB stated that “MCCI was authorized to utilize any available online, digital, wireless or electronic platform services that may facilitate the taking and acceptance of bets outside of the territorial jurisdiction of Carmona, Cavite.” 

The GAB further stated that it “recognizes the authority of each and every LGU over cockfighting in its own territorial jurisdiction. This includes the power to decide whether or not to allow the subject betting in OCBS and under what conditions.” 

The GAB’s ruling affirms the legality of the OCBS operations of MCCI. 

On account of the foregoing, the GAB reiterated its directive to MCCI in its letter dated Dec. 6, 2016 for MCCI to obtain the required local permits for the operation of its OCBS. 

Furthermore, the GAB upheld the position of MCCI that its operations at the OCBS is in accordance with the E-Commerce Act (RA 8792). MCCI established a system for accepting bets on cockfights which includes a totalizator and off-site terminals at the OCBS. 

Since MCCI’s totalizator and servers are located at Carmona, Cavite, a bet in MCCI’s OCBS terminal it transacted, accepted, and confirmed in Carmona, Cavite.

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