Hon. Arnaldo M. Tejada, Sangguniang Bayan member of Kalibo has filed a resolution with the Sangguniang Bayan "Urging Mayor Raymar A. Rebaldo to Advice The Aklan Sportsman Enterprises, Inc. (ASEI) To Relocate Its Cockpit Arena at Barangay Estancia, Kalibo, Aklan Pursuant To Law or Municipal Ordinance No. 20, S – 1974, Otherwise Cancel/Revoke The License To Operate If One Was Not Validly Used, After Due Process."
The said resolution is referred to some appropriate committees of the Kalibo SB for studies and recommendation.
The ASEI is represented by its President, Dr. Restituto M. Robillo. According to Hon. Tejada, Kalibo is the capital town of Aklan, the center of trade and industry, the center of the world famous Ati Atihan festival and the gateway to Boracay. Being such, Tejada pointed out, "Kalibo is in urgent need of a modern cockpit arena, located in an appropriate area. Kalibo needs a cockpit arena which can magnetize, attract and encourage more cockfighting enthusiasts, balikbayans and foreign tourists to participate and witness cock derbies and pintakasis. Cockfighting is one of the highlights of the annual Sto. Niño Ati Atihan festival and it generates substantial revenues to the government and provides employment and income to the people.
Notwithstanding its importance to tourism, employment generation and income, the present cockpit arena of the ASEI incurs several violations. First, according to Hon. Tejada, the cockpit is presently located in a zone where cockpit arena is not allowed to exist, second, the present cockpit arena shows several violations of the Building Code and the Fire Code, third there is no parking area and hence traffic hazard, and fourth, the arena is unsanitary.
According to the report of the Municipal Engineer’s Office, Kalibo, "the cockpit building is almost 30 years old and hence, structurally not safe to life and property. The unsanitary condition of the cockpit area is apparent, that food and drinks are served and eaten under the wooden planks of the bleachers and stairs of the building." Moreover, there is no parking space as required in Municipal Ordinance No. 20, S-1974.
Presidential Decree No. 449 of May 1974 was promulgated to govern the establishment, operation, maintenance and ownership of cockpits for development and promotion of wholesome recreation, relaxation and entertainment for cockfighting enthusiasts. Cockfighting is allowed as a vehicle for the preservation of Philippine cultural heritage to enhance national dignity. The law is designed to prevent the exploitation of cockfighting as object of commercialism or business enterprise and prevent gambling.
On the basis of PD 449, the Municipal Council of Kalibo approved "An Ordinance Prescribing Regulations For The Establishment, Operation, Maintenance and Ownership of Cockpits". This Municipal Ordinance No. 20, S – 1974 details the procedure to establish, own, manage and operate cockpits in the town of Kalibo. Among others, it provides that "no cockpit shall be established within 50 meters from school buildings, existing residential areas, commercial areas, hospitals and provides 20 percent of its total area as parking space. Those cockpits located in the above stated areas are given three (3) years to relocate itself from the effectivity of PD 449 to meet the requirements.
As per records found in the Municipal Assessor’s Office of Kalibo and that in the Register of Deeds, Kalibo, ASEI represented by its president, Dr. Restituto M. Robillo constructed, owned and manages until today the Cockpit Arena in Estancia, Kalibo, Aklan. The Cockpit Arena is constructed in 1976 on Block 13 with a combined area of 1,400 square meters. Actually, the area consisted of four (4) lots earmarked as residential lots by the Aklan Capitol Subdivision.
In his draft resolution, Hon. Tejada concluded that inspite of "the mandatory requirement of PD 449 and the Municipal Ordinance No. 20, S-1974 of Kalibo to relocate the existing cockpit located in prohibited area within a period of three years from May 19, 1974, the existing cockpit of ASEI has never been relocated to a site appropriate for it. "It is still in Barangay Estancia operating in defiance of the law and municipal ordinance above-mentioned. The law and ordinance impose penal and other sanctions like cancellation of license, forfeiture of right to renew and disqualification under the prior operator rule protection in the establishment of cockpit as provided for in the Local Government Code, Tejada pointed out.
In summary, according to Hon. Tejada, the cockpit arena of ASEI is violating the Building Code, Fire Code, provision on parking space, sanitation and it is situated in a residential and commercial areas and near school building.
Tejada, in his resolution, urges Mayor Raymar A. Rebaldo to apply the laws and ordinance on cockfighting by urging the owners and operators of cockpit arena in Estancia to transfer that cockpit arena to a most suitable site allowed by law, construct a cockpit arena to showcase progress and put matters of public concern in an orderly fashion and legal perspective. /MP mailto:madyaas_pen@yahoo.com
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