LEGAL

OPINION
FOR THE WEEK

DILG Opinion No. 75 S.

2019
 ISSUE:

Propriety of the conduct of

cockfight every Thursday of the
week to entertain visitors and for
the fund-raising campaigns of the
Liga ng mga Barangays.

2
 Tan vs. Perea
GR No. 149743, February 18, 2005

“
While Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, now governs as to the
There
authority is Sanggunian
of the no dichotomy Bayanbetween
to authorize or
license establishment,
the power and operation, and maintenance
subjecting it to of
cockpits, it is still subject to the limitations laid down in
limitations at the same time.
Presidential Decree No. 449, otherwise known as the
Cockfighting Law of 1974.
3
 Section 5(d) and (e) of PD
449
(e) Section
Provided,Cockfighting
that,5.no for Entertainment
Cockpits onofthe
Tourists
and Cockfighting:
cockfighting or
Infor
occasion Charitable
General:
of such fair,
Purposes. Subject to the preceding x subsection
x xallowed hereof, the Chief
carnival or exposition shall be within the month of a
Constabulary
(d) Holding oforCockfights.
his authorized representative
Except as providedmayinalso allow
this the
Decree,
local of
holding fiesta
cockfighting
or for more
cockfighting than
for the
shall be allowed
two occasions
entertainment
only in licensed
a year
of foreign
cockpits
in the
dignitaries
during
or same
Sundays city or
for tourists,
and ormunicipality:
legalfor holidays Provided,
returning Filipinos,
and further,
local that
commonly
during knownno as
fiestas for
cockfighting
not “Balikbayan”,
more than shall be the
or for
three held onItDecember
support
days. also 30
of national
may be (Rizal Day),
fund-raising
held during
campaigns
June 12 for
provincial, citycharitable purposes
or municipal,
(Philippine as may
agricultural,
Independence Day)be authorized
commercial
November by
30theor
Office of thefair,
(NationalPresident,
industrial carnival
Heroes upon
Day),orresolution
exposition
Holy of afor
Thursday, provincial board,
a similar
Good city
period
Friday,
or municipal
of three days council,
uponinresolution
licensed cockpits
of theorprovince,
in playgrounds
city or
Election
parks:
municipality
or Referendum
Provided that this
where such
Day
privilegeand during
shall Registration
be extended
fair, carnival for only
or exposition
Days
one
is to
time,
befor
held, for
a period such
subject election
not exceeding
to or referendum.
three
the approval days,
of within a yearofto a
the Chief
province,
Constabulary or hiscity, 4or municipality.
authorized representative:
 It is clear from the foregoing that
cockfighting may only be held
during Sundays, legal Holidays,
local fiestas and during provincial,
city, municipal, agricultural,
commercial, industrial fairs,
carnivals, or expositions for not
more than three (3) days.
5
 It may also be allowed for the
entertainment of the foreign dignitaries or
for tourists, or for returning Filipinos, or for
the support of national fund-raising
campaigns for charitable purposes
provided that this privilege shall be
extended for only one time, for a period not
exceeding three (3) days, within a year to a
province, city or municipality.
6
 Further, the aforecited provision
also lays down a prohibition. It
states that no cockfighting on the
◉
following:
◉ Within
Dec. 30the
(Rizal Day), June
month of a12 (Philippine
local fiesta
Independence
or for moreDay),
thanNovember 30 (National
two occasions a
Heroes Day), Holy Thursday, Good Friday,
year in the same city or
Election or Referendum Day and during
municipality on occasion of such
Registration Days for such election or
fair, carnival or exposition:
referendum.
7
 Considering that the request is
for the cockfight to be held every
Thursday, we are of the view that
this is not in line with the
guidelines set forth. We also
respectfully submit that the fund-
raising campaigns mentioned in
the law pertains to that of the
national.
8
 ISSUE:

Is it proper to conduct of cockfight

every Thursday of the week to
entertain visitors and for the fund-
raising campaigns of the Liga ng
mga Barangays?

9
10