Excerpts from the minutes of the meeting of the Board of the Philippine Racing Commission (Philracom) held on 22nd of February 2012 at 4th Floor Electra House Bldg., Esteban St., Makati City.

RESOLUTION NO. 17-12
SERIES OF 2012

WHEREAS, the Philippine Racing Commission (Philracom) has the exclusive jurisdiction and control over all aspects of the conduct of horse racing including the framing and scheduling of races, the construction and safety of horse racing, the allocation of prizes, and the security of racing as provided for by the Presidential Decree No. 420;

WHEREAS, under the same decree, the Philracom may impose fines, penalties and forfeitures to erring parties under its rules and regulations which fines, penalties and forfeitures shall accrue to the funds of the Philracom;

WHEREAS, on February 15, 2012 racemeet at San Lazaro Leisure and Business Park in Carmona, Cavite, particularly in Race No. 3, the starting gates malfunctioned which resulted in the failure of the stall gates to open simultaneously as required by the rules and regulations on horse racing;

WHEREAS, as a consequence of the malfunction, stall gates nos. 1, 4, 5, 7 and 13 opened ahead of stall gates nos. 2, 3, 6, 8, 9, 10, 11 and 12 to the prejudice and disadvantage of the latter entries;

WHEREAS, the said incident brought about the cancellation of the said race but only after the horses reached the finish line and the same caused confusion, quandary, dissatisfaction and prejudice to the betting public;

WHEREAS, on February 16 and 17, 2012, the Philracom conducted an exhaustive hearing relative to the incident where the following facts were established:

1. Despite its claim that there is a regular check-up of the starting gate, the Racing Club fell short of its obligation to maintain or conduct detail or required change of necessary parts as precaution to ensure accurate performance of the machine;

2. The sound of the siren to indicate a FALSE START was hardly heard by the participating jockeys, Board of Stewards, and the racing public because of its weak sound;

3. The revolving light that signals a FALSE START did not function;

4. That on several occasions, the starting button of the starting gate failed to function;

5. The two-way radios between the starter and the Stewards did not function well, hence, no clear communication of False Start by the Starter to the Stewards;

6. There was no revolving or blinking light that functioned to signal a False Start.

WHEREAS, in view of the aforesaid findings, the San Lazaro Leisure and Business Park obviously failed to comply with what is incumbent upon it under (1) the Rules and Regulations on Horse Racing specifically PR 3.B which states that the Racing Clubs shall provide "B. Well-maintained Starting gate apparatus for use during official races (2) its franchise under Republic Act No. 8407, particularly Section 6 thereof which spelled out its obligations and undertakings in accordance with the provisions of the said law.

WHEREAS, PR 1-A of the Rules and Regulations of Horse Racing provides that "For failure to comply with the provisions of the rules and regulations or with the resolutions, orders or decisions of the PHILRACOM, a Racing Club or entity authorized to hold or conduct races in the Philippines shall be punished by a fine of not less than Five Thousand Pesos (Php5,000.00) but not more than Fifty Thousand Pesos (Php50,000.00) and/or by the revocation or suspension of its license after due notice or hearing;

NOW THEREFORE, it BE RESOLVED, as it is hereby RESOLVED by the Philracom Board of Commissioners that the San Lazaro Leisure and Business Park be fined in the amount of FIFTY THOUSAND PESOS (Php50,000.00) for its failure to comply with what is incumbent upon it under the Rules and Regulations on Horse Racing and its franchise under RA No. 8407;

RESOLVED FURTHER, that a copy of this resolution be furnished the San Lazaro Leisure and Business Park for immediate implementation thereof.

APPROVED AND SIGNED by the undersigned Chairman and Commissioners of the Philippine Racing Commission, this 22nd of February at Makati City Philippines.