- Monday, 21 November 2011
- Written by John Edward R. TImbol
THE COMMISSION: ITS JURISDICTION, POWERS, FUNCTIONS AND OFFICERS
SECTION 1. DECLARATION OF PURPOSE
The PHILRACOM shall promote and direct the accelerated development and continuous growth of horseracing not only in furtherance of the sports development program of the government, but also in order to ensure the full exploitation of horse racing as a source of revenue and employment.
SECTION 1.1 COMPOSITION AND TERM OF OFFICE
The PHILRACOM shall be composed of a Chairman and six (6) Commissioners. The term of office of the Commissioners shall be four (4) years; provided, that no vacancy shall be filled except for the unexpired portion of any term, and provided further, that any Commissioner whose term of office has expired shall remain in office until his successor shall have been duly appointed and qualified.
SECTION 1.2 MEETINGS AND QUORUM
The Commissioners shall meet regularly once a week and as often as the exigencies of the service may demand, upon the call of the Chairman or upon request of three (3 Commissioners. The vote of at least four (4) members shall be necessary for the adoption of any rule, resolution, or decision of the Commission.
SECTION 2. JURISDICTION
Generally, the PHILRACOM shall have the exclusive jurisdiction and control over every aspect of the conduct of horse racing, including but not limited to the framing and scheduling of races, the construction and safety of racetracks, the allocation of prizes and the security of racing, and such other powers, duties and functions as provided for under Presidential Decree No. 420 and other applicable laws, decrees, directives, executive orders, and Rules and Regulations.
SECTION 2.1 POWERS AND FUNCTIONS
The PHILRACOM shall have the following powers and functions:
- To enforce all laws, decrees, directives, executive orders, and letters of instructions relating to horseracing;
- To adopt and prescribe Rules and Regulations;
- To review, modify, approve, or disapprove the Rules and Regulations issued by persons or entities concerning the conduct of horse races held by them;
- To issue permits and licenses and to impose and collect fees for the issuance of such licenses and permits to persons or entities required to obtain the same;
- In case the weather or racetrack is in ancondition for running, or where racetrack facilities such as the starting gate, photo patrols, or video recording and communications are in such bad or defective condition as to adversely affect the result of the races, or in case of exceptional circumstances taking into account the interest of the betting public, to postpone or re-schedule any race for that day whether before or after commencement of the race meeting;
- To register race horses, their owners, and associations orpertaining to the industry
- To regulate the construction and maintenance of racetracks and to grant permits and/or licenses for the holding of races;
- To supervise all race meetings to assure the integrity of the races at all times, and to order the suspension and/or cancellation of any racing event in case of violation of any law, decree, directive, ordinance, or Rules and Regulations;
- To prohibit the use of improper devices, prohibited substances, or other means to enhance or diminish the racing performanceHorses;
- To approve the annual budget of the PHILRACOM and such supplemental budgets as may be necessary;
- To enter into contracts involving obligations chargeable to or against the funds of the PHILRACOM;
- To impose fines, penalties, and forfeitures on erring parties under those Rules and Regulations which shall accrue directly to the funds of the PHILRACOM;
- In its discretion or upon the petition of any interested party, after notice and hearing, to modify, suspend, or revoke any permit or license for failure to comply with and/or for violation of any provision of law, decree, directive, of any executive order, Rules and Regulations issued thereunder; provided, that for good cause and without notice and hearing, the PHILRACOM may order the temporary suspension of such permit/license whenever such step, in the judgment of the PHILRACOM, shall be necessarythe best interest of the racing industry and the public;
- To summon parties, issue subpoena, or require the production of such documents, books, papers, contracts, records, or statement of accounts as may be necessary to a just determination of any matter under investigation;
- To have access to all stands during racing days, to inspect all matters related to betting, the track, grandstands, jockey’s quarters, stables, and such other premises within the racing clubs;
- To perform such other duties and exercise all other powers incidental or necessary to the accomplishment of the aims and objectives of the PHILRACOM.
SECTION 2.2 MOTU PROPIO POWER OF THE PHILRACOM
The PHILRACOM shall investigate and decide a case motu propio or upon the complaint filed before it.
In case of abuse of discretion or grave error on the part of the Board of Stewards and /or other PHILRACOM licensees in rendering its decision, the same may be investigated and decided motu propio by the PHILRACOM.
SECTION 2.3 DECISIONS, ORDERS AND RULINGS OF PHILRACOM
All decisions, orders and rulings of the PHILRACOM shall be rendered after due investigation, with notice to all parties concerned, except when a summary proceeding is necessary to maintain the integrity of horse racing, with, however, due process being observed in all cases.
SECTION 2.4 DESIGNATION OF ANY MEMBER OR OFFICER TO CONDUCT HEARINGS
The PHILRACOM may designate any of its Commissioners or officers to conduct hearings and investigations on any matter pending before it.
SECTION 2.5 NOT BOUND BY TECHNICAL RULES
The PHILRACOM shall not be bound by the technical rules on evidence, procedures, as well as forms and formalities. It may resort to all and every fair and reasonable means to ascertain the facts for a just determination of the case before it. Circumstantial evidence, whenever necessary, shall be sufficient to support a decision, ruling or order.
SECTION 2.6 PHILRACOM DECISION
In view of the orders or rulings of the Board of Stewards, the PHILRACOM may affirm, modify, reverse, or increase or decrease the penalty imposed by the Board of Stewards as it may deem proper.
SECTION 2.7 AUTOMATIC REVIEW
All cases wherein the Board of Stewards recommend the banning or revocation of license of any person licensed or registered by the Commission shall be automatically reviewed by the PHILRACOM.
SECTION 2.8 APPEAL TO THE PRESIDENT
All the decisions, orders, or rulings of the PHILRACOM are final unless appealed to the Office of the President of the Philippines within seventy two (72) hours from the receipt of such decision, order, or ruling by the aggrieved party.
The decisions, order or rulings of the PHILRACOM shall be immediately executory pending appeal, unless stayed by the order of the President.
SECTION 3. OFFICERS
The Executive Officers of the PHILRACOM shall consist of the Executive Director and such other officers as the PHILRACOM may appoint or designate from time to time.
SECTION 3.1. CHAIRMAN
The Chairman shall be the presiding officer of the Commission in all its meetings.
In the event of the permanent or temporary incapacity of the Chairman, the Vice-Chairman or, in his absence, any officer as may be designated by the Chairman shall exercise the powers and perform the duties of the Chairman, until such time as his successor shall have been duly appointed and qualified or his incapacity no longer exists.
SECTION 3.2 EXECUTIVE DIRECTOR
The PHILRACOM shall appoint an Executive Director who shall be the head of the office. He shall have overall supervision over every aspect of the conduct of horse racing. He shall perform such other duties and exercise such other powers as may be determined by the PHILRACOM. Those who are directly involved in the conduct of horse racing shall be under the immediate supervision of the Executive Director.
SECTION 3.3 ASSISTANT EXECUTIVE DIRECTOR (DIRECTOR FOR RACING)
The PHILRACOM shall appoint a Deputy Executive Director (Director for Racing) who shall assist the Executive Director in the exercise of the powers and the performance of the duties of his office. In the event of the permanent or temporary incapacity of the latter, the former shall assume the office of the Executive Director, until such time as his successor shall have been duly appointed and qualified or his incapacity no longer exists.
SECTION 4 OTHER OFFICERS-
The PHILRACOM shall appoint other officials and employees, as it may deem necessary to assist the PHILRACOM in the performance of its powers, duties, and functions. They shall perform such other duties and functions as maybe assigned to them from time to time.
SECTION 4.1 COMMISSION STEWARDS
These are officers or employees of the PHILRACOM licensed as Stewards who shall serve as observers during the deliberations of the Board of Stewards and will act as a panel members if need be if the number of panel members are below the required minimum. He shall make a separate report to the Commission on his observations regarding the races.
SECTION 4.2 PHILRACOM RACING OFFICIAL AND CHIEF RACING OFFICER-
There shall be a PHILRACOM Racing Official and Chief Racing Officer (Chief, Field Inspection Division) whose duties and functions shall be:
- To have supervision and control over the PHILRACOM personnel assigned to the racetrack and to see to it that their duties are faithfully fulfilled;
- To attend all races and watch the events and report to the Board of Stewards and to the PHILRACOM any anomaly, irregularity, or infraction of the rules committed therein;
- To render a report, in writing, to the PHILRACOM on the results of each race together with any incident thereof and irregularity or infraction of the Rules and Regulations committed by jockeys, trainers, horse owners, and personnel of the Club as well as other such occurrences noted during the day, with written recommendations in connection with the action taken by the Stewards on what has been reported to them;
- To act as a member of the Board of Judges in case of incapacity of any of its members;
- To perform other duties which the PHILRACOM may assign to him from time to time.
SECTION 4.3 PHILRACOM VETERINARIANS
There shall be at least two (2) PHILRACOM Veterinarians who shall have the following duties:
- To make a physical examination of racehorses entered in the races and determine whether or not such horses are suffering from any defect which may disqualify them from taking part in the races for which they are declared;
- To observe during race days whether or not horses areproperly by the Club Veterinarian before a race to determine their soundness and physical fitness, and to make an ocular inspection of the entries after their running and report on his findings thereof, if any;
- To state, when required, his concurrence with the recommendations of the Club Veterinarian, based on his own similar findings that a horse is unfit to race, hence the recommendation of the said Club Veterinarian for its withdrawal at anytime before the start ofrace and to submit a certification to that effect;
- To attend and supervise the presentation of entries during race days;
- To be at the starting gate with the Club Veterinarian and observe the entries thereat, and that if a horse is requested by its rider for inspection, a decision can be rendered immediately afterwithout causing a delay to start of the race;
- Upon the establishment of a complete laboratory by the Clubs, to prescribe any laboratory test which is deemed necessary for a race horse;
- To disqualify novato horses which are blind in both eyes or afflicted with moonblindness or suffering from infectious diseases;
- To report to the PHILRACOM and to the Board of Stewards any irregularity, anomaly, or infraction discovered by him.
SECTION 4.4 PHILRACOM PHYSICIAN
There shall be a licensed PHILRACOM Physician who shall have the following duties:
- To certify as to the physical fitness of jockeys at their required semi-annual physical examination;
- To issue medical clearances for anyone as required by the PHILRACOM;
- To supervise and certify that adequate first aid facilities and equipment are provided for in the clinics of all Racing Clubs during any race day;
- To assist the Club Physician in any and all emergency cases that may occur during a race day.
SECTION 4.5 PHILRACOM HANDICAPPERS
There shall be PHILRACOM Handicappers whose duties shall be:
- To report and recommend to the PHILRACOM any other matters regarding handicapping;
- To screen all horses and jockeys participating in scheduled races;
- To keep a complete record of each race horse indicating its name, sex, color, age, height, marks, owner and trainer, its performance after every race together with the weight and classification of the jockey who rode it, the kind of course run, the distance of the race, the time negotiated, the place and manner of its arrival at the finish line, its characteristics, vices, or traits, and such other data or information necessary to determine its strength, ability, and performance;
- To perform such other duties which the PHILRACOM may assign from time to time.
SECTION 4.6 FIELD RACING INSPECTORS
The PHILRACOM shall appoint the necessary field racing inspectors to watch the events during each race day. They shall be assigned to different places of the racetrack. It shall be their duty to implement the assignments given to them by the Racing Official and submit the necessary reports.Last Updated on Tuesday, 22 November 2011 15:06