OFFICE OF THE CHAIRMAN OF THE
EXECUTIVE COMMISSION

MALACAÑAN PALACE

BY THE CHAIRMAN OF THE EXECUTIVE COMMISSION

EXECUTIVE ORDER NO. 95

REGULATING GAMING CENTERS AND
PLACES OF AMUSEMENT

Pursuant to the authority conferred upon me as Head of the Central Administrative Organization by Order No. 1 in connection with Order No. 3 of the Commander-in-Chief of the Imperial Japanese Forces in the Philippines, and upon the recommendation of the Executive Commission, the following rules and regulations governing the establishment, maintenance and operation of gaming centers and places of amusement are hereby promulgated:

CHAPTER I

GENERAL PROVISIONS

SECTION 1. Scope of Order.—This Order shall apply to the establishment, maintenance and operation of race tracks and horse racing, frontons and basque pelota games, cockpits, bars, night clubs, cabarets, dancing schools, dance halls, boxing and wrestling contests or exhibitions, billiard halls, pool halls, bowling alleys and such other gaming centers or places of amusement as the Chairman of the Executive Commission may in his discretion decide to regulate.

SEC. 2. Supervisory power of Commissioner of the Interior over gaming centers and places of amusement.—The Commissioner of the Interior shall exercise general supervision over the establishment maintenance and operation of all the gaming centers and places of amusement contemplated in the Order and such other gaming centers or places of amusement as may be regulated and placed under his jurisdiction from time to time, as well as over the officials and employees thereof, and shall see to it that all laws, orders and regulations relating to such gaming centers and places of amusement are duly enforced. Subject to the approval of the Chairman of the Executive Commission, he shall have the power to prohibit or allow the operation of any class of gaming center or place of amusement on any day or days or modify their hours of operation, and to prescribe additional rules and regulations to govern their establishment, maintenance and operation. He shall appoint, subject to the provisions of sections 55 and 56 of Executive Order No. 4, dated February 5, 1942, such personnel as he may need for the purposes of this Order, and their compensation shall be fixed in accordance with the provisions of Executive Order No. 11 dated February 27, 1942.

SEC. 3. Provincial governors and city or municipal mayors as local representatives of the Commissioner of the Interior.—The provincial governors and city or municipal mayors shall act as the local representatives of the Commissioner of the Interior in their respective provinces, cities or municipalities, and shall be charged with the duty of enforcing in their territorial jurisdictions the provisions of this Order and the rules and regulations issued thereunder. The personnel which they may need for this purpose shall be appointed in accordance with the provisions of existing laws and regulations governing- the appointment of provincial, city or municipal officials and the salaries of such employees shall be fixed in accordance with the provisions of Executive Order No. 13, dated March 12, 1942.

SEC. 4. Permits.—It shall be unlawful for any person or entity to establish or operate any gaming center or place of amusement contemplated in section 1 of this Order, without a permit issued by the corresponding provincial governor or city mayor, as the case may be. Any permit issued by the provincial governor or city mayor shall be reported by him to the Commissioner of the Interior.

SEC. 5. Licenses.—In addition to the permit herein required, the operator shall obtain a license from the city or municipal mayor of the city or municipality where the gaming center or place of amusement is to be operated, which license shall be issued upon presentation of the permit provided in the preceding section and payment of the fees herein prescribed. No permit or license shall be issued unless the applicant has complied with the provisions of this Order.

SEC. 6. License fees.The following license fees shall be paid:

(a) For each race track, ₱2,000 annually or ₱500 quarterly.

(b) For holding each day of racing, ₱600.

(c) For racing managers, judges of races, stewards and handicappers, ₱18 each annually, and for jockeys, trainers, timekeepers, starters and weighers, ₱12 each annually.

(d) For each horse running on each race, ₱1.

(e) For each basque pelota fronton, ₱2,000 annually or ₱500 quarterly.

(f) For pelotaris, judges or referees and superintendents (intendentes) of basque pelota games, ₱18 each annually.

(g) For promoters and persons or entities conducting boxing or wrestling contests or exhibitions, ₱200 each annually or ₱50 quarterly, if the seating-capacity of the building, stadium or structure wherein the contests or exhibitions are to be held is for not more than 4,000 persons; and ₱400 annually or ₱100 quarterly, if the seating capacity is for more than 4,000 persons.

(h) For professional boxers, professional wrestlers, boxing or wrestling; managers, matchmakers, physicians, and referees, ₱15 each annually, and for timekeepers, announcers, trainers, and seconds, ₱10 each annually.

(i) For each cockpit, night club, cabaret, dancing school, and dance hall, ₱200 annually or ₱50 quarterly.

(j) For every cockfight held in the cockpit, ₱0.25.

(k) For each bar, ₱100 annually or ₱25 quarterly.

(l) For each billiard or pool table, or bowling alley, ₱10 annually or ₱2.50 quarterly.

The above license fees shall accrue to the funds of the city or municipality where the gaming center or place of amusement is operated. Existing ordinances prescribing higher fees than those fixed herein shall remain in force until otherwise provided for by the Chairman of the Executive Commission. It shall be lawful for a city or municipal mayor to impose by ordinance a higher fee than those provided herein with the approval of the Chairman of the Executive Commission.

SEC. 7. Location of gaming centers or places of amusement.—No race track or horse racing, basque pelota fronton, cockpit, night club, cabaret, dancing school or dance hall shall be maintained or operated within a radius of two hundred lineal meters from any city hall or municipal building, provincial capitol building, national capitol building, public plaza, public school, church, hospital, athletic stadium, public park or any institution of learning or charity; nor shall any bar, boxing or wrestling contest or exhibition, billiard hall, pool hall or bowling alley be maintained or operated within a radius of one hundred lineal meters from any of the aforementioned buildings or sites.

SEC. 8. Building, sanitary and parking requirements.—No permit or license for the construction or operation of a gaming center or place of amusement shall be issued without proper certificate of the provincial or city engineer and architect certifying to the suitability and safety of the building and of the Provincial or city health officer certifying to the sanitary condition of said building. The Commissioner of the Interior may in his discretion and as the circumstances may warrant, require that gaming centers and places of amusement be provided with sufficient space for parking so that the public roads and highways be not used for such purpose.

SEC. 9. Protest or complaint.—Any person who believes that any gaming center and place of amusement is located or established in any place not authorized herein or is being operated in violation of any provision of this Order may file a protest or complaint with the Commissioner of the Interior directly or through the provincial governor, or city or municipal mayor concerned, and after proper investigation of such complaint, the Commissioner may take such action as he may consider necessary in accordance with the provisions of section 13 hereof.

SEC. 10. Persons prohibited admission.—Persons under sixteen years of age, persons carrying firearms or deadly weapons of any description except government officials performing their official duties, intoxicated persons, and persons of disorderly nature and conduct who are apt to disturb peace and order, shall not be admitted or allowed to remain in any gaming center or place of amusement: Provided, That persons under sixteen years of age may, when accompanied by their parents or guardians, be admitted in gaming centers or places of amusement but in no case shall such minors be allowed to bet in gaming centers nor shall minors under fourteen years of age be admitted in bars.

SEC. 11. Gambling prohibited.—No card games or any of the prohibited games shall be permitted within the premises of any gaming center or place of amusement coming under the provisions of this Order; and upon satisfactory evidence that the operator or entity conducting such gaming center or place of amusement has tolerated the existence of any prohibited game within his or its premises, the Commissioner of the Interior may take the necessary action in accordance with the provisions of section 13 hereof.

SEC. 12. Duty of operator; maintenance of peace and. order.—It shall be the duty of the operator or concessionaire of any gaming center or place of amusement to see that peace and order is maintained at all times therein, that the premises be kept under sanitary condition, and that the rules and regulations prescribed in this Order are properly observed. Whenever public interest requires or at the request of the operator or concessionaire, the senior inspector of Constabulary or metropolitan constabulary commander concerned may assign one or more members of the constabulary units under his command in any gaming center or place of amusement to maintain peace and order in and around the premises thereof and to enforce the provisions of this Order and other municipal or sanitary regulations therein.

SEC. 13. Revocation or suspension of permits and licenses.—The Commissioner of- the Interior may suspend or revoke any permit and license granted under this Order or to any of the gaming centers or places of amusement herein regulated or to any official of employee thereof for violation of any of the rules or regulations provided in this Order or those which the said Commissioner of the Interior may prescribe, or for any just cause. Such suspension of revocation shall operate to forfeit to the city or municipality concerned all sums paid therefor.

SEC. 14. Appeals— Any action taken by the provincial governor or by the city of municipal mayor concerned under the provisions of this Order may be appealed to the Commissioner of the Interior whose decision shall stand unless modified of revoked by the Chairman of the Executive Commission.

SEC. 15. Books, records and accounts.—The Commissioner of the Interior or his duly representatives shall have the power to inspect at all times the books, records and accounts of any gaming center or place of amusement. He may in his discretion and as the circumstances may warrant require that the books and financial or other statements of the person or entity operating the gaming center or place of amusement be kept in such manner as he may prescribe.

SEC. 16. Exemptions.—Any gaming center or place of amusement licensed as of April 1, 1942, that is within the prohibited zones or distances herein provided or cannot comply with the building requirements prescribed in this Order shall be given one year’s notice within which to close, transfer, or otherwise comply with the provisions hereof, but the Commissioner of the Interior may, with the approval of the Chairman of the Executive Commission, in special cases and for justifiable reasons, authorize their continuance in their present location.

The Commissioner of the Interior shall also have the authority, subject to the approval of the Chairman of the Executive Commission, to exempt in special meritorious cases any gaming center or place of amusement which is not operated for gain or profit, from any or all of the requirements prescribed in this Order.

CHAPTER II

RACE TRACKS AND HORSE RACING

SEC. 17. Particular duties of Commissioner of the Interior regarding operation of race tracks and horse racing.In connection with his duties to enforce the laws, orders, rules, and regulations governing the operation of race tracks and the conduct or horse racing, the Commissioner of the Interior shall require that race tracks be properly constructed and maintained; that adequate sanitary accommodations be provided in the tracks, grandstands, stables and other structures of racing clubs; that there be an equipped emergency clinic for the care and treatment of injuries and ailments of jockeys and track personnel; and that measures be taken against the use of improper devices, drugs, stimulants or other means so as to artificially enhance the speed of horses or materially harm their condition.

SEC. 18. Days and hours of operation.—Except as may otherwise be provided herein, the holding of horse races shall be allowed on Sundays and le holidays from 8:00 o’clock in the morning until later than 11:00 o’clock at night.

SEC. 19. Racing managers, jockeys, starters etc-license required.No person or entity operating a’ race track or conducting horse racing shall employ any racing manager, judge of races, steward, handicapper, jockey, trainer, timekeeper, starter, weigher or any other official performing duties directly connected with the races, unless such person or track official has been duly licensed by the city or municipal mayor concerned. Such license shall be obtained yearly.

SEC. 20. Automatic electric totalizator.—No person or entity operating a race track or conducting horse racing whose total betting on any race day exceed fifty thousand pesos, shall be allowed to hold races, unless such person or entity is provided with an automatic, electrically operated public indicator system and ticket selling machines, by means of which every ticket purchased on every horse in any race, shall be automatically and instantaneously recorded by the electrical impulse on a prominently displayed bulletin board, each figure, letter or symbol of which shall be readable from a distance.

SEC. 21. Official starters.—Any person or entity operating a race track or conducting horse racing shall designate at least two official starters for the races. The stewards of the day shall determine by lot the starter to officiate in each race.

SEC. 22. Stewards.—There shall be at least two stewards for each racing day who shall have the necessary powers to supervise the conduct of the races, and to enforce the rules and regulations applicable on all questions arising in the race track during a racing day. It shall be their duty to see before allowing the program of races to begin, that a license therefor has been duly secured; to apply and enforce the penalties provided against offending jockeys, trainers, horse owners, track officials and employees and persons who in any way perform duties, directly or indh-ectly, connected with the races.

SEC. 23. Judges-of-finish.—There shall be three judges-of-finish whose duty shall be to determine and decide the winning horses in each race for win, place and show. They shall render their decisions in accordance with the order the winning horses shall have crossed the tape line, and in case of closely contested events, as shown by the photofinish picture, which in all such cases shall be taken, Any of the stewards of the day may, at the discretion of the racing club or entity conducting the races, be designated to act as judge-of-finish.

SEC. 24. Committee of HandicappersEvery person or entity operating a race track or conducting races shall have a Committee of Handicappers to consist of three members, one of whom shall be a representative of the Commissioner of the Interior. It shall be the duty of the Committee of Handicappers to keep a complete and up-to-date record of all registered horses, their owners, color, height, and such other characteristics as will aid in their proper identification; the particular group or class to which each horse belongs, together with the weight each carried in the previous races participated in. The handicappers shall prepare the program of races, taking into consideration past performances and condition of each horse, and shall so group and so handicap them as to nearly as practicable equalize He winning chances of all the entries in each race, in accordance with such rules as may be prescribed by the Commissioner of the Interior. The program 0f races as prepared by the Committee of Handicap’s shall require the approval of the Commissioner of the Interior.

SEC. 23. Field inspectors.—The Commissioner of the Interior shall assign field inspectors and agents on each racing day to watch the events of the day. They shall be assigned at various places throughout the race track. It shall be their duty to carefully observe and detect anomalies and irregularities of any nature that may be committed at the start or finish or during the progress of a race; and to detect any fraudulent or dishonest deals, transactions or ads that may be committed in the race tracks. They shall report immediately any such anomalies, irregularities or fraudulent or dishonest acts, which they may discover, to the stewards of the day, who shall promptly take such action as the circumstances may warrant. The salaries or compensation of field inspectors and agents shall be paid by the person or entity concerned from the special fund provided in section 34 hereof.

SEC. 26. Track auditors.—For the purpose of supervising and verifying the accuracy of reports of any person or entity operating a race track or conducting horse races, with respect to the totalizator receipts of the total amount of wager made on each event, the dividends awarded for winning horses, whether win, place, or show on each event, and other matters referring to financial computations or statements, the Commissioner of the Interior shall assign such number of auditing officers and checkers as may be necessary. It shall be the duty of said auditing officers and checkers to report to the Commissioner of the Interior any irregularities or erroneous computations, which they may discover in connection with reports on the totalizator sales or the total wager funds, or the dividends awarded on each racing event. Their salaries or rate of compensation shall be paid by the person on entity concerned from the special fund provided in section 34 hereof.

SEC. 27. Jockeys; qualifications.—No person or entity operating a race track or conducting horse racing shall allow a person to ride as jockey, unless such person possesses the qualifications to be Prescribed by the Commissioner of the Interior. The Commissioner of the Interior may, however, permit male or female riders without license in special events.

SEC. 28. Jockeys to be held in enclosure.—The jockeys riding in the races of the day shall be quartered in an enclosure of the race track apart from the Public at least one hour before they shall ride their respective races. They shall not communicate with any person or persons in the race track, except with authorized officials of the racing club or entity conducting the races, or with duly authorized representatives of the Commissioner of the Interior. They shall be allowed to come out of the enclosure only at the time of riding their respective races. Jockeys who are not riding shall not, however, be permitted to mix with the public in any part of the buildings or premises of the race track.

SEC. 29. When two or more horses of one owner are entered in same race; “field” entry.—When two or more horses belonging to one owner are entered in the same race, such horses shall be considered as an “entry” only and paired in the betting as one horse, so that if any of the said horses wins, the holders of tickets for the “entry” shall be entitled to the dividend. No horse may participate in a race unless it carries a number and tickets are offered for sale on such a horse. The handicappers at their discretion may group two or more horses participating in a race in a “field,” when such horses belong to different owners. Such horses shall be grouped in the betting as one horse and when any of such horses wins, all holders of the “field” tickets shall be paid the dividend corresponding to the “field”.

SEC. 30. Wager and dividends.—The face-value of totalizator tickets for wager shall not exceed five pesos, whether for win, place, or show. The face-value of said tickets, as the case may be, shall be the basis for the computation of dividends, and such dividends shall be paid after eliminating fractions of ten centavos: for example, if the resulting dividend is ₱10.98, the dividend that shall be paid will be only ₱10.90. If no ticket has been sold on a winning horse, whether for win, place, or show, the dividends corresponding to such race shall be paid out to the holders of tickets sold on the horses that finished dead heat, or on the horse that finished next to that on which not a single ticket was sold: Provided, That the owner of said winning horse shall be entitled to the corresponding stake or prize.

SEC. 31. Selection of daily-double events.—Any person or entity operating a race track or conducting horse racing may hold one daily-double event in the morning and another in the evening on each racing day. The four races constituting the morning and evening daily-double events shall be drawn by lot by the authorized representative of the Commissioner of the Interior from the program of races submitted by the Committee of Handicappers. The authorized representative of the Commissioner of the Interior may draw said daily-double races soon after the completion of the program of races and may allow the sale of betting tickets outside the race track premises prior to the day on which such races will be run: Provided, however, That the sale of such betting tickets shall be carried out under the supervision of the authorized representative of the Commissioner of the Interior, who shall place a specific mark or imprint on said betting tickets.

Not more than fourteen horses belonging to different owners shall be allowed to participate in a daily-double race; and in case there are more than fourteen horses belonging to different owners, the exceeding number shall be eliminated by lot by the representative of the Commissioner of the Interior.

SEC. 32. Daily-double races; announcement before starting.—Before starting the first race of a daily-double event, the person or entity operating the race track or conducting the races shall announce through loud speakers, the names of jockeys mounting each horse, the weights on each horse, the number of tickets sold on each horse, and the total number of tickets sold on the race. The same process shall be repeated before starting the second race of a daily-double event, except that in this case, the number of tickets sold on each horse of the second race, coupled with the winning horse of the first race, shall be announced, instead of the tickets sold on each horse of the second race. The person or entity conducting a daily-double race shall submit to the auditors of the Commissioner of the Interior the stubs of tickets sold and such other information on the betting as may be required for verification.

SEC. 33. Hour of running daily-double races; posting of ticket sales.—The first race of the morning daily-double event shall be run not later than 12:00 o’clock noon and the second race not later than forty-five minutes thereafter. The first race of the evening daily-double event shall be run not later than 6:00 o’clock p. m. and the second race not later than forty-five minutes immediately thereafter. The number of tickets sold on each horse in the two races of each daily-double event and the totals thereof shall be posted at conspicuous bulletin boards at an interval of forty-five minutes from the opening of the races in the morning. The sale of tickets for these events shall be closed forty-five minutes before running the first race of each daily-double event. The closing of the sale of tickets for each event shall be properly announced by the stewards.

SEC. 34. Totalizator receipts or wager funds; hole distributed.—The total wager funds or gross receipts from the sale of totalizator tickets shall be apportioned as follows: eighty-five per centum shall be distributed in the form of dividends among holders of win, place and show horses, as the case may be, in the regular races; twelve and one-half per centum shall be set aside as the commission of the person, racing club, or entity conducting the races, which shall include the amounts for the payment of authorized stakes or prizes for win, place and show horses, and authorized bonuses for jockeys, and two and one-half per centum shall be paid to the Central Administrative Organization for disposition as may be authorized by law or executive order; and in the case of daily-double races, the gross receipts derived from the total sale of daily-double tickets shall be apportioned in the same manner as provided hereinabove, except that the eighty-five per centum of the gross receipts from the total sale of daily-double tickets shall be distributed in the form of dividends among the holders of the winning combination of horses, that is, the two horses that first place in the two races, instead of among holders of win, place and show horses, as in the case of regular races: Provided, however, That of the twelve and one-half per centum representing the commission of the person or entity conducting the races an amount equivalent to one-half per centum of the total wager funds or gross receipts from the sale of betting tickets shall be set aside by the said person or entity as a special fund to cover the expenses of the personnel of the Commissioner of the Interior assigned to duties relating to race tracks or horse-racing, as well as other authorized expenditures such expenses to be apportioned by the Commissioner of the Interior among the different persons or entities operating race tracks or conducting horse racing, and any unexpended balance of this fund at the end of each year shall revert to the general funds of the persons or entities concerned.

SEC. 35. Races to be run promptly.—Except as otherwise provided in this Order, the races listed in the official program shall be run promptly at an interval of not more than thirty minutes from the running of the first race in the morning.

CHAPTER III

BASQUE PELOTA GAMES AND FRONTONS

SEC. 36. Definitions.—Whenever used in this Order and unless the context indicates a different meaning, the following terms shall bear the meaning indicated herein:

(a) “Basque pelota game” shall include the pelota game with the use of pala, raqueta, cesta punta, remonte, and raano, in which professional players participate.

(b) “Fronton” comprises the court where basque pelota games are played, including the adjoining structures used in connection with such games, such as the betting booths and galleries, totalizator equipment, and the grandstands where the public is admitted in connection with such games.

(c) “Pelotari” is a professional player engaged in playing basque pelota.

(d) “Professional player” is one who plays for compensation.

SEC. 37. Particular duties of the Commissioner of the Interior regarding operation of basque pelota games and frontons.—In connection with his duty to enforce the laws, orders, rules and regulations relating to frontons and basque pelota games, the Commissioner of the Interior shall require that such frontons be properly constructed and maintained, shall see that proper sanitary accommodations arc provided in the grandstands and other structures comprising such frontons; and shall require that such frontons be provided with a properly equipped emergency clinic for the care and treatment of injuries of the pelotaris.

SEC. 38. Days and hours of operation.Except as may otherwise be provided herein basque pelota games with betting shall be allowed every day, excepting Sundays, from 2:00 o’clock p. m. to not later than 11:00 o’clock p. m.

SEC 39. Pelotaris, judges, referees, etc. shall be licensed.No person or entity operating a basque pelota fronton, wherein games are played with bet-ring, shall employ any pelotaris, judge or referee, superintendent of games (intendente), or any other official whose duties are connected with the operation or supervision of the games, unless such person has been duly licensed by the city or municipal mayor concerned. Such license shall be granted upon satisfactory proof that the applicant is in good health, knows the rules and usages of the game, and is a person of good moral character and of undoubted honesty. In the case of pelotaris, such license shall be granted only upon the further condition that they are able to play the game with reasonable skill and with safety to themselves and to their opponents. The Commissioner of the Interior may further require other reasonable qualifications for applicants to a license, not otherwise provided herein. Such license shall be obtained yearly.

SEC. 40. Installation of automatic electric totalizator.—Any person or entity operating a fronton wherein betting in any form is allowed shall install in its premises within the period of one year from the date this Order takes effect, an automatic electrically operated indicator system and ticket selling machines commonly known as totalizator, which shall dearly record each ticket purchased on every player in any game, the total number of tickets sold on each event, as well as the dividends that correspond to holders of winning numbers. This requirement shall, however, not apply to double-events or forecast pools or to any betting made on the basis of a combination or grouping of players until a totalizator that can register such bets has been invented and placed on the market.

SEC. 41. Supervision over sale of betting tickets and payment of dividends.—For the purpose of verifying the accuracy of reports in connection with the sale of betting tickets and the computation of dividends awarded to winners on each event, as well as other statements with reference to the betting in the games played, the Commissioner of the Interior shall assign such number of auditing officers and checkers as may be necessary for the purpose. These auditing officers and checkers shall be placed in the ticket selling booths, dividend computation booths and such other parts of the fronton, where betting tickets are sold and dividends computed. It shall be their duty to check up and correct any irregularity or any erroneous report or computation that may be made by officials of the fronton, in connection with the sale of tickets and the payment of dividends.

SEC. 42. Wager tickets and dividends.—The face value of the wager tickets, for any event shall not exceed ₱5.00 whether for “win” or “place”, or for any combination or grouping of winning numbers. The face value of said tickets, as the case may be, shall be the basis for the computation of the dividends and such dividends shall be paid after eliminating fractions of ten centavos (₱0.10) ; for example: if the resulting dividend is ₱10.43, the dividend that shall be paid will be only ₱10.40.

SEC. 43. Distribution of wager funds.—-The total wager funds or gross receipts from the sale of betting tickets shall be apportioned as follows: a commission not exceeding ten and one-half per centum (10 ½ ) on the total bets on each game or event shall be set aside for the person or entity operating the fronton and four and one-half per centum (4 ½ %) of such bets shall be paid to the Central Administrative Organization for disposition as may be authorized by law or executive order; and the balance or eighty-five per centum (85% ) of the total bets shall be distributed in the form of dividends among holders of “win” or “place” numbers or holders of the winning combination or grouping of numbers, as the case may be: Provided, however, That of the ten and one-half per centum (10 ½ %) representing the commission of the person or entity operating the fronton, an amount equivalent to one-half per centum (1/2 % ) of the total bets or wager funds shall be set aside and made available to cover the expenses of the personnel of the Commissioner of the Interior assigned to duties relating to basque pelota games and frontons, including payment of salaries of such personnel, purchase of necessary equipment and other sundry expenses as may be authorized by competent authority, such total expenses to be apportioned by the Commissioner of the Interior among the different frontons in operation, and any unexpended balance of this fund shall, at the end of each year, revert to the general funds of the frontons which contributed to said expenses, in accordance with a basis to be determined by the Commissioner of the Interior.

SEC. 44. Supervision over the conduct of games; enforcement of rules and regulations.—The Commissioner of the Interior is authorized to place within the premises of the frontons, such number of inspectors and agents as may be deemed necessary to supervise the conduct of the games, to see that the rules of the games are strictly enforced, and to carry out the provisions of this Order as well as such other regulations as may be hereafter be prescribed.

SEC. 45. Rides governing the games and personnel of the fronton.—The rules and regulations that have been adopted by any fronton to govern the operation of its games and the behavior, duties and performance of the officials and personnel connected therewith, such as pelotaris, judges, referees or superintendents of the games (intendentes) and others, shall be the recognized rules and regulations of such fronton until the same are altered or repealed by the Commissioner of the Interior; and any fronton may introduce any type or form of games or events, provided they are not contrary to the provisions of this Order or any rule or regulation hereafter issued by the Commissioner of the Interior.

SEC. 46. Regulations governing pelotaris.—Any rule or regulation adopted by any established fronton governing the conduct or performance of pelotaris to the contrary notwithstanding, the following regulations shall be observed:

(a) The pelotaris who are participating in the games shall not be allowed to communicate, talk or make signs with any one in the public or with any official or employee of the fronton during the games, except with the judges or referees or the superintendent (intendente) in charge of the games;

(b) The program of games or events, as well as the line-up or order of playing of the pelotaris in each event shall be determined by the superintendent of the games (intendente), subject to the approval of the Commissioner of the Interior or his authorized representative;

(c) Pelotaris shall be in good physical condition before participating in any game and shall be laid off from playing at least two days in a week. Every pelotari shall once a month secure a medical certificate from a government physician to be designated by the city or municipal mayor concerned certifying to his physical fitness to engage in the games;

(d) The amount of dividends computed for any event shall not be posted within the view of the pelotaris participating in the event until after the termination of said event.

CHAPTER IV

COCKPITS

SEC. 47. Cockpit defined.—”Cockpit” shall include any enclosure, pit, building or place where cock-fighting with betting in any form is held.

SEC. 48. Days and hours of operation.—Except as may otherwise be provided herein, cockfighting shall take place only on Sundays and legal holidays and for a period not exceeding three days during the celebration of the town fiesta as fixed by the municipal authorities, from 8:00 o’clock in the morning to 11:00 o’clock at night.

SEC 49. Persons allowed inside the “ring”.—With the exception of the referee and the respective “soltadores” and other employees not exceeding four, no person shall be allowed to stay within the ring during any cockfighting: Provided, however, That, if necessary to maintain peace and order, any peace officer may enter or stay in said premises.

SEC. 50. Prohibition against sale of liquor.—No intoxicating liquor of any kind shall be sold within the premises of any cockpit nor within a distance of one hundred lineal meters from the cockpit enclosure.

CHAPTER V

BARS, NIGHT CLUBS, CABARETS, DANCING SCHOOLS, AND DANCE HALLS

SEC 51. Definitions.—(a) “Bar” shall include any place or establishment whose principal business or activity is the sale to the public or to the members of any club or entity operating, such bar of alcoholic beverages or liquors of any kind to be used or consumed within its premises: Provided, That any store, place or establishment wherein alcoholic beverages or liquors of any kind are sold shall be considered a bar for the purposes of the limitations as to hours of operation provided in Section 53 hereof: Provided, further, That a bar that allows music or dancing within its premises shall be considered a night club, cabaret, dancing school or dance hall, as the case may be.

(b) “Night club” shall include any place or establishment selling to the public or to the members of any club or entity operating such establishment, food or drinks where customers or other persons are allowed to dance.

(c) “Cabaret, dance hall or dancing school” shall include any place or establishment where dancing is permitted to the public or to the members of am-club or entity that operates such establishment and where professional hostesses or dancers are employed or where an admission fee or any other charge for dancing is collected.

(d) “Professional hostess” shall include any woman employed by any of the establishments defined herein to entertain guests at their table or to dance with them.

(e) “Professional dancer” shall include any woman who dances at any of the establishments defined herein for a fee or remuneration paid directly or indirectly by the operator or by the person with whom she dances.

(f) “Operator” shall include the owner, manager, administrator or any person who operates and is responsible for the operation of any bar, night club, cabaret, dancing school or dance hall, in accordance with the provisions of these regulations.

SEC. 52. Additional building requirements—(a) Bars, night clubs, cabarets, dancing schools or dance halls shall be well lighted and properly ventilated at all times while such establishments are open, leaving no dark corners therein. There shall be no private rooms nor separate compartments, except those designated for lavatories, dressing room for ladies and kitchen: Provided, however, That the dancing, dining or drinking hall of every such establishment which is also authorized to operate a hotel, shall be on a floor separate from its lodging rooms: Provided, further, That there shall be in such establishments at least two sets of lavatories, one exclusively for women and another for men.

(b) Every night club, cabaret, dancing school or dance hall shall be properly enclosed with a fence and shall have no direct or indirect communication whatever with any neighboring dwelling place, house or building.

SEC. 53. Hours of operation.Excepting on Christmas eve and New Year’s eve, bars shall be open only from 9:00 o’clock a. m. to 11:00 o’clock at night; and night clubs, cabarets, dancing schools, and dance halls, from 5:00 o’clock p. m. to 11:00 o’clock at night every day, except on Saturdays, days preceding official holidays and days falling on town fiestas when they can be open until 12:00 o’clock midnight: Provided, however, That in special cases and for justifiable reasons, the Commissioner of the Interior, with the approval of the Chairman of the Executive Commission, may grant a special permit to any particular club, association or establishment to operate beyond the hours herein specified: Provided, further, That in case any such establishment is also duly authorized to operate a regular restaurant, cafe or refreshment parlor or is operated in connection therewith, it may remain In before or after said hours solely and exclusively to serve meals, refreshments or non-intoxicating drinks.

SEC 54. Professional hostesses, waitresses or dancers.—No woman shall be employed as professional hostess, waitress or dancer in any bar, night club, cabaret, dancing school or dance hall unless she is at least eighteen years of age and without first having obtained a written certificate from the Provincial or City Health Officer that she is free from contagious or infectious diseases: Provided, That with the written consent of her parents or guardian a woman sixteen years of age or more but below eighteen years may be so employed. No professional hostess, waitress or dancer shall be allowed to continue working as such, upon discovery by the provincial or City Health Officer that she is suffering from any contagious or infectious diseases or after conviction for any disorderly, immodest or immoral conduct, or violation of any provision of this Order. The medical certificate required herein shall be obtained once every three months.

CHAPTER VI

BOXING AND WRESTLING CONTESTS OR EXHIBITIONS

SEC. 55. Definitions.—For the purpose of this Order and unless the context indicates otherwise, the following terms shall bear the meaning indicated herein:

(a) “Professional boxer or professional wrestler” stall be one who competes for a money prize or purse or teaches or pursues or assists in the practice of boxing or wrestling as a means of obtaining a livelihood or pecuniary gain; and

(b) “Purse” shall mean the prize, percentage or other remuneration for which boxing or wrestling contestants compete.

SEC. 56. Licensing of officials, boxers, wrestlers, etc—Persons participating directly or indirectly in a boxing or wrestling contest or exhibition, such as judges or referees, physicians, matchmakers, professional boxers and wrestlers, their managers, trainers and seconds, timekeepers, announcers, and such other persons as may be included under this classification, shall first secure a license from the city or municipal mayor concerned before engaging as such. The Commissioner of the Interior shall, by regulation, prescribe the qualifications and requisites which each applicant to a license shall possess. Any boxer or wrestler applying for a license must first be examined by a physician designated by the proper city or municipal mayor to establish both physical and mental fitness for competition, and annually thereafter the boxer or wrestler must take this required medical examination. The proper city or municipal mayor may, however, order the examination of a boxer or wrestler at any time for the purpose of determining whether such boxer or wrestler is fit and qualified to engage in further contests. The license referred to herein shall be obtained yearly.

SEC. 57. Days and hours of operation.—Except as may otherwise be provided herein, boxing or wrestling contests or exhibitions shall be allowed not oftener than twice a week from 2:00 o’clock in the afternoon until not later than 11:00 o’clock at night.

SEC. 58. Age of contestants.—No contestants under the age of eighteen years shall be permitted to participate in any professional boxing or wrestling contest or exhibition.

SEC. 59. Officials at boxing and wrestling contests or exhibitions.—At each boxing or wrestling contest or exhibition, the Commissioner of the Interior shall assign from among those duly qualified and licensed, a referee or referees, judges, timekeeper, announcer, physician, and a representative of the said Commissioner to officiate at such contests or exhibitions, whose salaries or compensation, with the exception of such representative, shall be paid by the promoter or entity conducting the contest or exhibition. Before the start of each event, the referee shall ascertain from each contestant the name of his chief second, and shall hold such chief second responsible for the conduct of his assistant seconds during the progress of the contest or exhibition.

SEC. 60. Licensed physician.—It shall be the duty of every promoter or person or entity conducting boxing or wrestling contests and exhibitions to have in attendance at every such contest or exhibition at his or its own expense, a licensed physician who has had not less than three years’ medical practice, whose duty shall be to observe the physical condition of the boxers and wrestlers and advise the referees with regard thereto, and one hour before the contestants enter the ring, to certify in writing to the Commissioner of the Interior or his representative as to the contestants’ physical condition to engage in the contest or exhibition.

SEC. 61. Rides governing boxing and wrestling contests or exhibitions.—The Commissioner of the Interior shall, in addition to the rules provided in this Order, prescribe a set of rules governing the contests and the conduct, behavior and performance of boxers and wrestlers as well as the duties and functions of officials during a contest or exhibition inside the ring: Provided, That until such rules are promulgated, the standard rules established by law or the practices of the profession shall govern.

SEC 62. Sham, fake or fraudulent boxing or wrestling contests or exhibitions.—Any promoter or entity conducting or participating in any sham, fake or fraudulent boxing or wrestling contest or exhibition shall thereby have his or its license revoked by the Commissioner of the Interior; and such promoter or entity shall not thereafter be entitled to receive another such license.

Any contestant who shall participate in any sham or fake or fraudulent boxing or wrestling contest or exhibition shall, for the first offense, be suspended for a period of six months (such period to begin immediately after the occurrence of such offense) from participating in any boxing or wrestling contest or exhibition conducted or held by a promoter or person or entity licensed for such purpose; and for a second offense, he shall be totally disqualified from further admission or participation in any boxing or wrestling contest or exhibition.

SEC. 63. Inducing fraudulent boxing or wrestling.—It shall be unlawful for any person by gifts, promises or money consideration to induce a boxer or wrestler to give up the fight in any boxing or wrestling exhibition or contest or refrain from displaying all his strength and skill, in order that his contestant may be given the decision or that there may be a draw.

SEC. 64. Must file surety bond to guarantee ticket holders.—Any promoter or entity applying for boxing or wrestling license must furnish a surety bond to the Commissioner of the Interior in an amount equivalent to fifty per centum of the total estimate of receipts from the full seating capacity of the building, stadium or structure wherein the contest or exhibition is to be held. This surety bond is to be conditioned for the payment to the Commissioner of the Interior in any of the following cases: (1) in case of a failure to hold the main event contest upon the date advertised unless the same is thereafter held at a postponed date with the consent of the Commissioner of the Interior or his representative; and (2) in case of a failure to hold said main event contest at any subsequent date fixed by the Commissioner of the Interior or his representative for the holding thereof. The amount represented by said bond shall be payable within fifteen days after default to insure reimbursement to the purchasers of tickets for such contest or exhibition.

SEC. 65. Must file fifty per cent bond to guarantee payment of boxers, wrestlers, officials, etc.—Any promoter or entity applying for a boxing or wrestling license must furnish an additional surety bond to the Commissioner of the Interior in an amount equivalent to fifty per cent of the total estimate of receipts from the full seating capacity of the building, stadium or structure wherein the contest or exhibition is to be held, to guarantee the payment of services of boxers, wrestlers, referees, judges, physician, timekeeper, announcer, and other persons entitled to such payment as may be determined by the Commissioner of the Interior.

SEC. 66. Contracts between promoters, etc., and boxers and wrestlers.—The Commissioner of the Interior or his representative shall be furnished by the parties concerned with a copy of all contracts between promoters or other persons or entities conducting boxing or wrestling contests or exhibitions, and boxers or wrestlers, their managers, and other persons who officiate at such contests or exhibitions. Such copy of the contract shall be filed with the office of the Commissioner of the Interior or his representative at least seven days before the test or exhibition to which the contract relates. If two or more promoters or entities file disputed claim on the services of a boxer or wrestler, the boxer or wrestler concerned shall be automatically suspended until such claims have been adjusted legally adjudicated.

SEC. 67. Payment of contestants.—Payment of purses of contestants shall be made immediately after the contest or exhibition, or, in case of a percentage contract, immediately after the percentage is determined by the auditor of the Commissioner of the Interior. The promoter or entity conducting the boxing or wrestling contest or exhibition shall pay, in cash or check, all parties entitled to payment for services in the presence of an auditor of the Commissioner of the Interior. The promoter or entity concerned shall take a receipt for all payments made and give a copy of such receipt to the representative of the Commissioner of the Interior.

SEC. 68. Admission receipts.—The Commissioner of the Interior shall through his duly authorized representative, supervise the sale of admission tickets for any boxing or wrestling contest or exhibition. The sale of tickets shall not be authorized until the plans showing the seating arrangements, aisle, spacing, exit facilities, and the location of fire appliances, have been approved by the Commissioner of the Interior or his duly authorized representative. All tickets, except complimentary tickets, shall have the price, name of the promoter or entity conducting the contest or exhibition, and the date of the show printed plainly thereon. No tickets shall be sold for more than the price as printed thereon; and any change in ticket prices or the date of the show shall be subject to approval of the Commissioner of the Interior. Complimentary tickets may be issued upon approval of the Commissioner of the Interior or his representative.

Any promoter or entity conducting a boxing or wrestling contest or exhibition shall set aside from the gross receipts derived from admission tickets on each day of business, one per centum (1%) of said total gross receipts, which shall be available to defray the general expenses of the personnel of the Commissioner of the Interior assigned to duties relating to boxing or wrestling contests or exhibitions and other authorized expenses, such total expenses to be apportioned by the Commissioner of the Interior among the different promoters or entities conducting boxing or wrestling contests or exhibitions, and any unexpended balance of suck fund shall, at the end of each calendar year, revert to the general funds of the promoters or entities that contributed to the said expenses, in a proportion to be determined by the Commissioner of the Interior; The fund herein referred to shall be turned over to the Commissioner of the Interior or his representative within the period of two days from the date of the boxing or wrestling contest or exhibitions.

SEC 69. Inspectors and auditing officers.At every boxing or wrestling contest or exhibition, the

Commissioner of the Interior shall have an inspector charged with the duty of seeing that the rules and regulations provided in this Order and those that may be issued thereunder, are strictly observed. Said inspector shall be provided with the necessary assistants, agents and employees.

The Commissioner of the Interior shall also assign an auditing officer, who shall be present at each boxing or wrestling contest or exhibition and whose duty shall be to supervise and verify the sale of admission tickets. Such officer shall be assisted in this work by such number of assistants and employees as shall be deemed necessary for the purpose.

SEC. 70. Amateur contests or exhibitions exempted.—Amateur boxing or wrestling exhibitions held by and under the auspices of schools, colleges and universities recognized by the Government or of generally recognized amateur athletic societies or federations shall not be governed by the provisions of this Order.

CHAPTER VII

BILLIARD AND POOL HALLS AND BOWLING ALLEYS

SEC. 71. Definition.—”Billiard or pool hall or bowling alley” shall include any room, compartment, building or place where billiards, pool or bowling games are played by the public on a compensation or hire basis or by the members of a private club or entity operating the same.

SEC. 72. Hours of operation.—No billiard or pool hall or bowling alley shall be open to the public or to the members of a private club or entity operating the same, and no billiard, pool, or bowling games shall be allowed therein, except during the hours from 8:00 o’clock a. m. to 11:00 o’clock at night daily: Provided, however, That on Christmas eve and New Year’s eve and on Saturdays, days preceding official holidays and town fiestas, billiards or pool halls or bowling alleys may be open until 12:00 o’clock midnight.

SEC. 73. Prohibition against liquor.—No intoxicating liquor of any kind shall be sold within the premises of any billiard or pool hall or bowling-alley.

CHAPTER VIII

FINAL PROVISIONS

SEC. 74. Regulations of other gaming centers and Places of amusement.The Chairman of the Executive Commission shall, by executive order, regulate from time to time the establishment, maintenance and operation of other gaming centers and places of amusement not embraced in this Order and may, in his discretion, place the general supervision thereof under the Commissioner of the Interior.

SEC. 75. Budgeting and auditing of fund for expenses of personnel of Commissioner of the Interior.—The expenditure of such funds as may be received by the Commissioner of the Interior under the provisions of Sections 34, 43 and 68 hereof to cover the expenses of the personnel assigned to duties relating to race tracks or horse racing, basque pelota games and frontons, and boxing or wrestling contests or exhibitions shall be made in accordance with a budget to be approved by the Chairman of the Executive Commission and audited by the Auditor General and Director of the Budget or by his duly authorized representative.

SEC. 76. Application of National Internal Revenue Law.—The license fees, levies, charges, taxes, or assessments prescribed in this Order shall be in addition to whatever other taxes or assessments may be imposed upon the business of gaming centers or places of amusement by the National Internal Revenue Law.

SEC. 77. Penalties.(a) Any person who shall establish, maintain and operate any gaming center or place of amusement regulated by this Order without the necessary permit or license shall be punished by imprisonment of not more than six months or a fine of not more than ₱2,000, or by both, in the discretion of the court.

(b) Any violation of the provisions of sections 10, 11, 17, 18, 19, 34, 37, 38, 39, 43, 48, 50, 53, 54, 56, 57, 62, 63, 68, 72, and 73 of this Order shall be penalized by imprisonment of not more than three months or a fine of not more than ₱1,000, or by both, in the discretion of the court.

(c) Any operator, official, participant or person who shall participate in or cause the holding of a sham, fake or fraudulent horse race, basque pelota game or cockfighting; or who shall give, make, solicit, accept or agree to accept any offer, promise, gift or present for the purpose of holding, making or participating in such sham, fake or fraudulent race, game or cockfighting or in consideration of any malfeasance, misfeasance or nonfeasance connected with the duties of such operator, official, participant or person as provided herein, shall likewise be punished by imprisonment of not more than three months or a fine of not more than ₱1,000, or by both, in the discretion of the court.

(d) If the violation is committed by a club, firm or corporation, the manager, managing director or person charged with the management of the business of such club, firm or corporation shall be criminally responsible therefor.

(e) The penalties herein imposed shall be in addition to the administrative punishment provided in other sections of this Order.

Done in the City of Manila, Philippines, this 27th day of September, 1942.

(Sgd.) JORGE B. VARGAS
Chairman of the Executive Commission

Approved by the Commander-in-Chief of the Imperial Japanese Forces in the Philippines on September 17, 1942.

Source: Office of the Solicitor General Library