Presidential Decree No. 871 (PD 871) — Placing Professional Basketball Games and Other Professional Games Under the Supervision and Regulation of the Games and Amusements Board
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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. Separability clause—If any provision or part
of this decree is declared unconstitutional, such declaration shall not
invalidate the other provisions hereof.
SECTION 13. Repealing Clause—Any law, decree, executive
order or administrative order or regulations inconsistent herewith are
hereby repealed or modified accordingly.
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
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
