Bohol Tribune
Opinion

Stare Decisis

By Atty. Julius Gregory B. Delgado

BETTING, GAMING AND COCKFIGHTING DURING MODIFIED GENERAL COMMUNITY QUARANTINE

The Inter-Agency Task Force for the Management of Emerging Infectious Diseases (“IATF”) has recently issued Resolution No. 79, Series of 2020, dated 15 October 2020 amending its Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines. Unlike cockfighting, which we will discuss in the latter portion of this piece, the IATF has not expressly allowed gaming, either electronic or in-person betting.

Likewise, the Department of Trade and Industry has issued Memorandum Circular No. 20-52, Series of 2020, dated 02 October 2020. DTI MC 20-52 has allowed new establishments to operate as well as increased capacity of those which were previously allowed to operate. Fortunately or unfortunately, leisure gaming has not been expressly stated to be an authorized industry even during a Modified General Community Quarantine. Under the same issuance, even Internet Cafes are still confined to academic and work purposes. Hence, E-Games outfits will have a difficult case proving they can now open, operate and accept patrons.

The most controversial of all is Par. J of IATF’s Resolution No. 79 which provides:

“The operation of licensed cockpits and the conduct of cockfighting activities shall hereinafter be allowed in areas placed under Modified General Community Quarantine or lower, subject to strict observance with the health and safety protocols and implementing guidelines as may be issued by the Department of the Interior and Local Government. Provided, that in-person audience, online or remote betting, and the live broadcasting/telecasting of cockfights shall not be permitted. Provided finally, that the local government units shall have the final decision on whether such the operation of licensed cockpits and the conduct of cockfighting activities can proceed with their respective localities.”

Some pundits told this writer that the one who crafted or thought of the above-cited provision is not a sabong aficionado. One said, “How can you allow cockfighting but will not allow in-person audience? So, it will just be the owner, handler, and gaffer of the fighting cocks in a soltada or match can go inside the rueda and the cockpit officials? But how can you prevent people from congregating and massing-up at the gates to send their bets during Sundays?”

I say that the one who crafted this is someone interested in propagating a nationwide online sabong since it expressly disallowed local cockpits and their associations from organizing online or remote betting, and live broadcasting/telecasting of cockfights. It will also be useless to operate cockpits back without live audience since cockpits earn from the gate fees aside from the percentage of the bet in each soltada. If at all, cockpit owners, individual or association, can earn only by organizing Two Wins, Three Wins and Derbies. But this will entail inviting entries from different towns. Will this not be a risk for community transmission?

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