Philippine Racing Commission

 

 

 

CHAPTER 15

 

OWNERSHIP AND LEASING REGULATIONS

 

 

PR 67.    HORSE OWNER - A horse owner is a person in whose name the certificate of ownership or transfer certificate of a racehorse is registered.  The term “person” shall include a natural person, a partnership or a corporate entity. It also means any person who holds, in whole or in part, any right, title, or interest in a horse, or any lessee of a horse, who has been duly issued a currently valid owner’s license as person responsible for such horse.

 

PR 68.     ATTORNEY-IN-FACT -

 

1.     Only horse owner shall grant and/or appoint an attorney-in-fact (licensed trainer or licensed assistant trainer) in the absence of his duly designated trainer.  The appointed attorney-in-fact shall only exercise his authority whenever the trainer is absent or indisposed.

 

2.     Only one attorney-in-fact shall be designated by the horse owner.  The special power of attorney together with the information sheet and NBI Clearance of the authorized person shall be submitted to Legal Division for examination.

 

3.     The Chief of the Legal Division, should examine the documents and approve the same if in order.

 

4.     The horse owner shall be held answerable to all acts of his agent and/or attorney-in-fact even if the said acts were performed in the agent’s personal capacity.

 

5.     The penalty to be imposed to a horse owner whose agent had violated the rules and regulations of the Commission shall be determined by the Board or its duly authorized employees depending on the gravity of the offense committed.(February 20, 1998)

 

PR 69.     QUALIFICATIONS OF NEW HORSEOWNERS – Any person who desires to own a racehorse or race horses to participate in the races shall comply with the following requirements:

 

A.     PERSONAL QUALIFICATIONS:

 

1.     At least 25 years old;

 

2.     Must be a citizen or a resident of the Philippines.  Foreigner or non-resident may apply subject to approval of the Board;

 

3.     Annual net income of at least P500,000.00;

 

3.a       Must submit current Income Tax Return (ITR)

3.b       If ITR shows insufficient income, must submit evidence of supplementary income (financial/monetary holdings)

 

4.     Of good moral character;

 

4.a       Must not have been convicted of crimes of moral turpitude

 

4.b       Must produce NBI clearance

 

5.     Must own or lease at least one racehorse; with an existing agreement with a licensed trainer;

 

6.     Must exhibit adequate knowledge/interest in horseracing (annual review of application).

 

B.    ENDORSEMENT RULES BY INDUSTRY

 

1.        Association’s endorsement must be done by Chairman or President;

 

2.        If no association endorsement, must be endorsed by three individual horseowners;

 

3.        Personal interview required.

 

 

C.    MUST PASS THRU PERSONAL INTERVIEW BY ENTIRE BOARD OR A DESIGNATED COMMITTEE.  (Amended by Board Resolution dated March 17, 2003)

 

D.    FULL OWNERSHIP DISCLOSURE:

       

If a horse is owned by several persons other than the applicant, the latter has to disclose the identity of all other persons who may have any legal and/or equitable interest in the horse.

PR 70.     LEASING REGULATIONS

 

A.     Horses may be leased provided the contract is registered with the PHILRACOM to be binding on third parties.

 

B.    All the rights, obligations, responsibilities and liabilities of a horseowner shall be enjoyed and shouldered by the lessee as if he is the owner of the horse himself.

C.    Horses owned by the lessees and the horses leased by him shall be considered as coupled entries.

 

D.    Horses may be raced under lease provided the lease agreement is annexed to the horse’s registration certificate and is approved by the PHILRACOM. Validity of a lease for the purpose of racing a horse may be suspended temporarily or voided by the PHILRACOM at any time. No lease maybe approved by the PHILRACOM for racing purposes unless:

 

1.     Lessee is licensed as an owner;

 

2.     Each of the signature of the lessors on the lease agreement is subscribed and sworn to before a notary public;

 

3.     Term of the lease is no less than one (1) year, unless, sooner terminated by claim, or retirement of subject horse/s;

 

4.     Conditions of the lease specify, as to parties to the lease, whether the subject horse can be entered in a race to be claimed. If agreeable to lessor that the subject horse maybe entered to be claimed, conditions of the lease must specify the minimum prize for which  the subject horse can be entered, the name of the payee of claiming prize;

 

5.     Conditions of the lease specify that upon the claim of subject horse the lease shall terminate and all the rights in and to such horse shall pass to claimant as a bonafide purchase;

 

6.     After reviewing the full ownership of such leased horses, and the interest of all persons involved in such lease, the PHILRACOM find that such lease:

 

a.        completely divest lessors or sub-lessors of further control or direction of the racing performance of such horse while under lease; and

b.     the resultant program-listing of lease would not mislead            the betting public by reason of the absence in the program-listing of the name of a person or persons possessing a beneficial interest in such leased  horse.

 

E.     SPOUSES - Wife may apply if she can prove that she is financially capable and the requirements are the same as the above qualifications prescribed for minors/legal age person.

 

PR 71.    REPORT OF AN OWNER/TRAINER ON HIS HORSE - An owner/trainer shall report to the Philracom in writing any horse in his stable that has been newly acquired, has died or has been disposed of within seventy two (72) hours from the time of  occurrence.

 

PR 72.    CANCELLATION OF THE REGISTRATION - The PHILRACOM may cancel the registration of any horse owner should it appear to its satisfaction that such horse owner no longer merits to be so classified.

 

PR 73.    COMPENSATION PAID BY THE OWNER - The owner of a horse shall pay as compensation to his trainer a minimum of nine percent (9%) and to his jockey a minimum of twelve percent (12%) of the prize awarded to his horse in an ordinary race.  For unplaced horses, the owner shall compensate his jockey a minimum riding fee of  P100.00 per race.

 

The amount of One Hundred Pesos (P100.00) being received at present by losing jockey shall continue to be computed and paid according to the present practice or in accordance with the approved resolution of the PHILRACOM. The additional Thirty Pesos (P30.00) to make a total of One Hundred Pesos (P100.00) per riding fee shall be paid from the Jockeys’ Fund.

 

After every racing day, the Racing Club concerned shall make and submit a report to the Commission, with the necessary details, on the amount of riding fees disbursed and charged against the Jockeys’ Fund.

 

PR 74.    TRANSFER BY THE OWNER OR TRAINER OF HIS HORSE - Any owner and/or trainer desiring to transfer his horse or horses to another owner and/or trainer shall be allowed by the PHILRACOM provided:

 

(1)   a written authority  by the horse owner is issued to the PHILRACOM;

 

(2)   a notarized copy of the deed of sale of the horse is furnished to the PHILRACOM in cases of transfer of ownership;

 

(3)   the trainer’s license is suspended.

 

 A transfer fee shall be paid for each horse so transferred. All transfer shall be immediately reported in writing to the PHILRACOM by the new owner and/or trainer within seventy-two (72) hours after the transfer. Late notice of transfer made after seventy-two (72) hours shall be penalized.

 

The transfer of trainership for a horse/s will not be allowed within a period of one (1) year from the date that it has been transferred, unless otherwise evaluated and approved by the PHILRACOM. However, a trainer whose license has been suspended may be allowed to re-transfer the horse/s to his trainership provided, a written authority by the horse owner/s concerned is submitted to the PHILRACOM.

 

PR 75.    HORSEOWNERS/TRAINERS INSTRUCTION TO JOCKEYS - Horse owners / Trainers shall give   instructions to their jockeys before the start of the race but shall not be allowed to stay inside the track during the race. They must leave the center paddock after giving instructions. As much as possible, no horse owner/trainer shall be inside the restricted area at least five (5) minutes before the start of any race.

 

 

PR 76.    PERSONS PROHIBITED FROM OWNING RACE HORSES - Under penalty of revocation of license or permit, the following are prohibited from owning racehorses directly or indirectly; Racing Clubs or other entities licensed to hold or conduct horse racing in the Philippines, Racing Managers, Stewards, Judges, Paddock Stewards, Handicappers, Starters, Executive Director, Deputy Executive Director, Jockeys and Apprentices and such other persons as the PHILRACOM may determine.

            

 

                Amendments by addition:  (January 13, 2004)

PR 77.     ACTS AND/OR OMISSIONS BY HORSE OWNERS - A horse owner may be penalized:

 

(a)   For instructing his jockey, directly or indirectly, to lose the race wherein his horse shall take part;

 

(b)   For applying or administering prohibited substance(s) directly or indirectly regardless of personal knowledge;

 

(c)    For failure to run his horse declared for a race, without justifiable cause as determined by the Board of Stewards and without notifying the latter at least four (4) races before the scheduled race;

 

(d)   For disobeying the orders or regulations of the PHILRACOM or the Racing Club, or for disorderly or improper conduct, in his relations with the officials of the PHILRACOM or the Racing Club, or for insulting them when the latter are in the performance of their duties;

 

(e)   For failure to report and register any transfer of trainership of a horse;

 

(f)     Horse owners/trainers of unvaccinated horses brought to the club premises;  (Amended by Board Resolution dated July 25, 2000)

 

(g)      Horse owners and/or trainers of horses without clearance pertaining to a disease(s) declared by PHILRACOM as a  

         threat to the horse-racing;

 

(h)      For allowing the use of wrong racing colors by the jockey; (Amendments by addition: Jan. 13, 2004)

                1st Offense              2nd Offense                3rd Offense

                Fine P1,000.00          Fine P2,000.00             Fine P3,000.00

 

PR 78.    CONCEALMENT OF FACTS - Any Horseowner or Trainer who knowingly or willingly falsify to conceal facts regarding prior racing record, pedigree, identity or ownership of a registered horse, its true physical condition and/or whereabouts when it was declared for participation in a race, shall be penalized by a fine or by suspension of not more than two (2) years or revocation or license/permit, without prejudice to criminal prosecution under the applicable laws of the Philippines.

 

PR 79.    RENAMING A HORSE - If for any justifiable reason, the PHILRACOM finds and so holds that a racehorse should be renamed, such naming or change of name shall be in accordance with the provision of the rules thereon of the National Stud Farm.

 

PR 80.    POWERS TO PUNISH – PHILRACOM may impose as penalty, the revocation of the registration as horse owner and/or banning of all his horses from participating in any race and of the  license as trainer, whenever the circumstance of the case so warrants.  In case of repeated violation of these rules involving horses belonging to or under the care of an owner or trainer, the PHILRACOM shall investigate the same and take appropriate action thereon.

 

PR 81.    REGISTRATION OF HORSES AND OWNERS – No racehorse shall be allowed to participate in any race unless the same and its owner are registered with the PHILRACOM.

 

PR 82.    PROCEDURE FOR REGISTRATION – The application for the registration of racehorse and its owners shall be accomplished and filed with the PHILRACOM at anytime during the calendar year and shall contain the following particulars verified in accordance with the corresponding National Stud Farm Certificate by the owner of such horse, or for the owner, in case the registration is made through the trainer or authorized representatives:

 

1.     Name of the horse, sex, color, and date of foaling;

 

2.     Name of its sire and dam;

 

3.     National Stud Farm Certificate number and date of issue;

 

4.     Name of its trainer and location of stable where it maybe found and inspected;

 

5.     Name, age, address, identification card size picture and tax account number of the owner; and

 

6.     Favorable recommendation/endorsement from any respectable person known in the horse racing industry.

 

PR 83.        ASSOCIATIONS OR FEDERATIONS – Associations or Federations or racehorse owners, trainers, jockeys and other segments of the racing industry shall not be recognized unless they are registered with the PHILRACOM. Provided, that the PHILRACOM shall only register associations whose members are exclusively for jockeys, for horsetrainers or for horseowners as such, not associations or mixed membership of jockeys, trainers and/or owners.

 

PR 84.        REGISTRATION PARTICULARS OF AN ASSOCIATION OR FEDERATION – The application for registration of association or federation of racehorse owners, trainers, jockeys and other segments of the racing industry shall be accomplished and filed during the month of March of every year and shall contain the following particulars verified under oath by the President and Secretary of the organization:

               

1.     Name and address of the organization;

 

2.     Name of its principal officers and the date of their last election;

 

3.     Total membership of good standing.

 

PR 85.        REGISTRY BOOKS AND OTHER RECORDS – The PHILRACOM shall keep and maintain Registry Books and other records for the implementation of this Chapter.