PLACING PROFESSIONAL BASKETBALL GAMES AND OTHER PROFESSIONAL GAMES UNDER THE SUPERVISION AND REGULATION OF THE GAMES AND AMUSEMENTS BOARD

• Number: Presidential Decree No. 871
• Sections: 14

Preamble

WHEREAS, the development, promotion and maintenance of

desirable moral, social and cultural values is one of the objectives of

the New Society;

WHEREAS, professional basketball has remained the most

popular spectator sports in our country;

WHEREAS, there have been changes of game-fixing or point

shaving and "play or pay" in local basketball circles;

WHEREAS, the necessity of distinguishing clearly the status

of amateurism as opposed to professionalism has given birth to the

Philippine Basketball Association which seeks to establish and maintain a

professional basketball league;

WHEREAS, there is urgent need for governmental supervision

and regulation on the operation and conduct of professional basketball

games and other professional games as well as the participants therein

to insure integrity and provide ample protection to all concerned at all

times;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution,

do hereby order and decree:

Section 1

SECTION 1. Supervision and regulation—The supervision and

regulation of professional basketball games and other professional games

in the Philippines shall be vested in the games and Amusements Board.

Section 2

SECTION 2. Powers and duties of the Board—The Board shall,

subject to the approval of the Executive Secretary, have the power:

To prescribe additional rules and regulations not

inconsistent herewith to govern the operation and conduct of

professional basketball games and other professional games existing

or which may hereafter be authorized by law, decree, executive order or

other issuances;

To enforce the laws, decrees, executive orders, rules and

regulations relating to professional basketball games and other

professional games;

To approve or disapprove the rules and regulations issued by

persons, entities or associations relative to the operation and conduct

of professional basketball games or other professional games;

To exercise supervision over all officials, employees and

persons connected with professional basketball games and other

professional games;

To issue licenses or permits to conduct professional basketball

games or other professional games and collect fees for the issuance

thereof;

To suspend or revoke any such license or permit for failure to

comply with and/or for violation of the provision of this decree, or any

law, executive order, rule or regulation promulgated hereunder;

To order the temporary suspension of any license or permit

issued pursuant to this decree or the rules and regulations promulgated

hereunder, whenever such action is necessary for the best interest of

the professional games under the supervision of the Board;

To appoint personnel as it shall deem necessary in the exercise

and performance of its powers and duties and fix their salaries or

compensation, and/or to employ the services by contract or otherwise,

consultant or any local or foreign expert or technical personnel to

provide technical and necessary assistance, conduct seminars and

training relative to professional basketball games and other

professional games and pay reasonable emoluments for their services;

To order the suspension of any game in case of violation or

non-compliance with the provisions of this decree or the rules and

regulations promulgated hereunder;

To consider, investigate, decide and settle all questions,

matters, controversies or disputes arising out of or connected with

professional games or other professional games under its supervision in

accordance with the rules and procedures it may adopt;

To designate any of its officers to conduct hearing or

investigation of any case pending before it;

To summon parties, issue subpoena or require the production of

such books, papers, contracts, records or other documents as may be

necessary for the just determination and adjudication of any matter

under investigation;

To inspect the books, records and accounts of any person,

entity or association conducting or authorized to conduct professional

basketball games or other professional games and require that the books

and financial or other statement of such person, entity or association

shall be kept in such manner as it may prescribe; and

To perform such other duties and exercise all other powers

incidental or necessary for the attainment of the purposes of the Board

and proper enforcement of the provision of this decree.

Section 3

SECTION 3. Permit—It shall be unlawful for any person,

entity or association to conduct professional basketball games or other

professional games without permit duly issued by the Board. Every permit

issued shall specify the person, entity or association to which it was

issued, the place where and the date when the games are to be held.

Section 4

SECTION 4. License—No person, entity or association may

employ any player, referee, scorer, timekeeper or other persons

performing duties connected with professional basketball games or other

professional games, unless such person has been duly licensed by the

Board. Such license shall be obtained from the Board yearly and shall,

however, be subject to withdrawal or revocation in any case where the

Board shall have reason to believe that any of the aforesaid persons is

guilty of any dishonest or fraudulent practice, or has violated any law,

decree, executive order, rule or regulation on professional basket-ball

games or other professional games, or for any just cause.

Section 5

SECTION 5. Assignment of officials—At each professional

basketball game or other professional game, the Board shall assign among

the duly licensed officials, referees, timekeepers, or scorers and

other officials to officiate thereat and only the officials so

designated shall have authority to perform their respective functions.

Section 6

SECTION 6. Duty of person, entity or association

conducting professional games—It shall be the duty of the person, entity

or association conducting professional basketball games, or other

professional games, to see that peace and order is maintained in the

premises of the place where the games are being conducted and that the

rules and regulations governing the same are properly observed.

Section 7

SECTION 7. License Fee—The following license fee shall

be paid:

For professional basketball teams, P100.00 each annually;

For coaches P50.00 each annually;

For players P50.00 each annually;

For referees P50.00 each annually;

For timekeepers, scorers and such other persons who in

the judgment of the Board should be licensed, P20.00

each annually.

The above license fees shall accrue to the funds of the Board.

Section 8

SECTION 8. Admission receipts and other income—The Board shall,

through its duly authorized representatives, supervise the sale of

admission tickets for any professional basketball games or other forms

of professional games. All tickets, except complementary tickets, shall

state the price, name of the person, entity or association conducting

the professional basketball games or other professional games, team

names and the date of the games printed plainly thereon. No ticket shall

be sold for more than the price as printed thereon and any change in

ticket prices or the date of the games shall be subject to the approval

of the Board.

Any person, entity or association conducting

professional basketball games or other professional games shall set

aside and remit to the Board three per cent (3%) of the gross gate

receipts and income from television, radio and motion picture rights if

any, which shall be available to defray the expenses of the personnel of

the Board assigned to supervise the games and for such other expenses

in other activities of the Board. Provided, however, That all

professional basketball games conducted by the Philippine Basketball

Association shall only be subject to amusement tax of five per cent of

the gross receipts from the sale of admission tickets.

SECTION

9. Civil Service Law and WAPCO coverage—Appointments to positions

with duties and functions pertaining to the supervision and regulation

of professional basketball games and other professional games shall be

subject to the provisions of the Civil Service Laws and rules, but shall

however be exempted from the coverage of Wage and Position

Classification Office.

Section 10

SECTION 10. Appeals from orders, rulings and decisions

of the Board—Orders, rulings and decisions of the Board on matters

connected with or arising out of basketball may be appealed to the

Office of the President, whose decision shall be final, within

seventy-two (72) hours from receipt of the order, ruling or decision

appealed from.

Section 11

SECTION 11. Forfeiture of sums paid to the Board—All

sums paid to the Board in payment of license or permit fees required

under the provisions of this decree or the rules and regulations

promulgated hereunder shall be deemed forfeited upon the cancellation or

revocation of such license or permit.

Section 12

SECTION 12. Separability clause—If any provision or part

of this decree is declared unconstitutional, such declaration shall not

invalidate the other provisions hereof.

Section 13

SECTION 13. Repealing Clause—Any law, decree, executive

order or administrative order or regulations inconsistent herewith are

hereby repealed or modified accordingly.

Section 14

SECTION 14. Effectivity—This decree shall take effect

immediately.

Done in the City of Manila, this 6th day of January in the year

of Our Lord, nineteen hundred and seventy-six.

(Sgd.)

FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.)

JUAN C. TUVERA

Presidential Assistant