Key Takeaway: The Importance of Correctly Applying Cockfighting Regulations in the Philippines

Bonghanoy, et al. vs. Office of the Ombudsman, G.R. No. 231490 and G.R. No. 231566, September 15, 2021

Imagine the excitement of a local fiesta in the Philippines, where the air is filled with the sounds of laughter, music, and the thrill of traditional cockfighting. This cherished cultural activity, deeply rooted in Filipino tradition, recently became the center of a legal battle that reached the Supreme Court. The case of Bonghanoy, et al. vs. Office of the Ombudsman highlights the complexities of regulating cockfighting events and the importance of understanding the legal framework governing such activities.

The central issue in this case revolved around whether the cockfighting event held in Ubay, Bohol, was in compliance with Presidential Decree No. 449, also known as the Cockfighting Law of 1974. The petitioners, local officials and barangay leaders, were indicted for allegedly holding the event in an unlicensed cockpit. This case underscores the need for clarity in interpreting and applying the law, especially when it comes to cultural practices that are integral to community life.

Legal Context: Understanding the Cockfighting Law of 1974

The Cockfighting Law of 1974, or Presidential Decree No. 449, was enacted to regulate the conduct of cockfighting in the Philippines. This law aims to balance the preservation of cultural traditions with the need for public order and safety. Key provisions relevant to this case include:

Section 5(d): This section permits cockfighting on Sundays, legal holidays, and local fiestas, but only in licensed cockpits and for no more than three days. It also allows cockfighting during fairs, carnivals, or expositions, subject to specific conditions and the approval of the Chief of Constabulary (now replaced by the Philippine National Police).

Section 5(e): This section allows cockfighting for the entertainment of tourists, returning Filipinos (known as “balikbayans”), or for charitable purposes, with the approval of the Chief of Constabulary. Importantly, it can be held in licensed cockpits or in playgrounds or parks, and is limited to one event per year per municipality.

Understanding these provisions is crucial, as they define the boundaries within which cockfighting can legally occur. For instance, if a community wishes to hold a cockfighting event during a local fiesta, it must ensure that the event takes place in a licensed cockpit. However, if the event is intended to entertain tourists or balikbayans, it may be held in a playground or park, provided all other conditions are met.

Case Breakdown: The Journey to the Supreme Court

The case began when the Sangguniang Bayan of Ubay, Bohol, passed Resolution No. 205, Series of 2013, requesting permission to hold a 3-win cockfight during the town fiesta. Subsequent resolutions amended the dates and venue, leading to the event being held at the Union Cultural and Sports Center on January 28, 29, and 30, 2014.

The controversy arose when private complainant Cesar C. Arro, Sr. filed a complaint with the Office of the Ombudsman, alleging that the event violated PD 449 because it was held in an unlicensed cockpit. The Ombudsman found probable cause and recommended filing charges against the petitioners under Section 5(d) of PD 449.

The petitioners challenged this decision, arguing that the applicable provision was Section 5(e), as the event was intended to entertain tourists and balikbayans. The Supreme Court ultimately agreed with the petitioners, finding that the Ombudsman had committed grave abuse of discretion.

Key points in the Supreme Court’s reasoning included:

• “The Sangguniang Bayan of Ubay, Bohol, passed Resolution No. 205, Series of 2013, requesting the Mayor to allow the holding of 3-win cockfights for the entertainment of balikbayans and local tourists.”
• “The holding of cockfighting for the entertainment of tourists and balikbayans within the month of a local fiesta is not prohibited because some of the balikbayans would plan their homecoming within the dates near the town fiesta to celebrate with their families and hometown friends.”
• “The Ombudsman’s reliance on the Certification dated April 13, 2015 of the Municipal Administrator and the Certification dated January 6, 2014 of Ubay Chief of Police, Police Chief Inspector George Salcedo Caña, to prove that the controlling event which led to the holding of the cockfight at the Union Cultural Sports Center was the local town fiesta is not persuasive.”

The Supreme Court’s decision reversed the Ombudsman’s findings and directed the withdrawal of the Information filed against the petitioners.

Practical Implications: Navigating Cockfighting Regulations

This ruling has significant implications for local governments and communities planning cockfighting events. It clarifies that events intended for the entertainment of tourists or balikbayans can be held in playgrounds or parks, provided they comply with Section 5(e) of PD 449. This flexibility can enhance community events and boost local tourism.

However, it also underscores the importance of accurately applying the law. Local officials must ensure that they understand the distinctions between Sections 5(d) and 5(e) and secure the necessary permits and approvals. Failure to do so can lead to legal challenges and potential criminal charges.

Key Lessons:

• Ensure that the purpose of the cockfighting event is clearly stated in resolutions and permits.
• Secure the appropriate approvals from the Philippine National Police for events intended for tourists or balikbayans.
• Be aware of the venue requirements under PD 449, as events for tourists can be held in playgrounds or parks.

Frequently Asked Questions

What is the Cockfighting Law of 1974?

The Cockfighting Law of 1974, or Presidential Decree No. 449, regulates the conduct of cockfighting in the Philippines, specifying when and where such events can be held.

Can cockfighting be held during local fiestas?

Yes, but only in licensed cockpits and for no more than three days, as per Section 5(d) of PD 449.

What is the difference between Sections 5(d) and 5(e) of PD 449?

Section 5(d) applies to cockfighting during local fiestas and requires a licensed cockpit, while Section 5(e) allows events for tourists or balikbayans in licensed cockpits or playgrounds/parks, with specific conditions.

Do I need a permit from the Philippine National Police for a cockfighting event?

Yes, if the event is intended for tourists or balikbayans, you must secure a special permit from the Philippine National Police, as per Section 5(e).

What are the consequences of violating PD 449?

Violating PD 449 can result in criminal charges, as seen in the case of Bonghanoy, et al. vs. Office of the Ombudsman.

Can a community hold multiple cockfighting events in a year?

Under Section 5(e), a community can hold one event per year for the entertainment of tourists or balikbayans.

What should local officials do to ensure compliance with PD 449?

Local officials should clearly document the purpose of the event, secure necessary permits, and ensure the venue complies with the law’s requirements.

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