Republic Act No.
8293 June 6, 1997 they are contained, or the devices or words thereon, or in
AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE
AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE,
PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR
OTHER PURPOSES
Section 155. Remedies; Infringement. - Any person who
shall, without the consent of the owner of the registered
mark:
155.1. Use in commerce any reproduction, counterfeit,
copy, or colorable imitation of a registered mark or the
same container or a dominant feature thereof in
connection with the sale, offering for sale, distribution,
advertising of any goods or services including other
preparatory steps necessary to carry out the sale of any
goods or services on or in connection with which such use
is likely to cause confusion, or to cause mistake, or to
deceive; or
155.2. Reproduce, counterfeit, copy or colorably imitate
a registered mark or a dominant feature thereof and
apply such reproduction, counterfeit, copy or colorable
imitation to labels, signs, prints, packages, wrappers,
receptacles or advertisements intended to be used in
commerce upon or in connection with the sale, offering
for sale, distribution, or advertising of goods or services on
or in connection with which such use is likely to cause
confusion, or to cause mistake, or to deceive, shall be
liable in a civil action for infringement by the registrant for
the remedies hereinafter set forth: Provided, That the
infringement takes place at the moment any of the acts
stated in Subsection 155.1 or this subsection are
committed regardless of whether there is actual sale of
goods or services using the infringing material. (Sec. 22,
R.A. No 166a)
Section 168. Unfair Competition, Rights, Regulation and
Remedies. - 168.1. A person who has identified in the mind
of the public the goods he manufactures or deals in, his
business or services from those of others, whether or not a
registered mark is employed, has a property right in the
goodwill of the said goods, business or services so
identified, which will be protected in the same manner as
other property rights.
168.2. Any person who shall employ deception or any
other means contrary to good faith by which he shall pass
off the goods manufactured by him or in which he deals,
or his business, or services for those of the one having
established such goodwill, or who shall commit any acts
calculated to produce said result, shall be guilty of unfair
competition, and shall be subject to an action therefor.
168.3. In particular, and without in any way limiting the
scope of protection against unfair competition, the
following shall be deemed guilty of unfair competition:
(a) Any person, who is selling his goods and gives them
the general appearance of goods of another
manufacturer or dealer, either as to the goods
themselves or in the wrapping of the packages in which
any other feature of their appearance, which would be
likely to influence purchasers to believe that the goods
offered are those of a manufacturer or dealer, other than
the actual manufacturer or dealer, or who otherwise
clothes the goods with such appearance as shall deceive
the public and defraud another of his legitimate trade, or
any subsequent vendor of such goods or any agent of
any vendor engaged in selling such goods with a like
purpose;
(b) Any person who by any artifice, or device, or who
employs any other means calculated to induce the false
belief that such person is offering the services of another
who has identified such services in the mind of the public;
or
(c) Any person who shall make any false statement in the
course of trade or who shall commit any other act
contrary to good faith of a nature calculated to discredit
the goods, business or services of another.
168.4. The remedies provided by Sections 156, 157 and
161 shall apply mutatis mutandis. (Sec. 29, R.A. No. 166a)
Section 169. False Designations of Origin; False Description
or Representation. -
169.1. Any person who, on or in connection with any
goods or services, or any container for goods, uses in
commerce any word, term, name, symbol, or device, or
any combination thereof, or any false designation of
origin, false or misleading description of fact, or false or
misleading representation of fact, which:
(a) Is likely to cause confusion, or to cause mistake, or to
deceive as to the affiliation, connection, or association of
such person with another person, or as to the origin,
sponsorship, or approval of his or her goods, services, or
commercial activities by another person; or
(b) In commercial advertising or promotion, misrepresents
the nature, characteristics, qualities, or geographic origin
of his or her or another person's goods, services, or
commercial activities, shall be liable to a civil action for
damages and injunction provided in Sections 156 and 157
of this Act by any person who believes that he or she is or
is likely to be damaged by such act.
169.2. Any goods marked or labelled in contravention of
the provisions of this Section shall not be imported into the
Philippines or admitted entry at any customhouse of the
Philippines. The owner, importer, or consignee of goods
refused entry at any customhouse under this section may
have any recourse under the customs revenue laws or
may have the remedy given by this Act in cases involving
goods refused entry or seized. (Sec. 30, R.A. No. 166a)
REPUBLIC ACT NO. 455
REPUBLIC ACT NO. 455 - AN ACT TO AMEND SECTION
TWO THOUSAND SEVEN HUNDRED AND TWO, AND TWO
THOUSAND SEVEN HUNDRED AND THREE OF THE REVISED
ADMINISTRATIVE CODE
Section 1. Section two thousand seven hundred and
two of the Revised Administrative Code is hereby
amended to read as follows:
"Sec. 2702. Unlawful importation of merchandise. —
Any person who shall fraudulently or knowingly import or
bring into the Philippines, or assist in so doing, any
merchandise, contrary to law, or shall receive, conceal,
buy, sell, or in any manner facilitate the transportation,
concealment, or sale of such merchandise after
importation, knowing the same to have been imported
contrary to law, shall be punished by a fine of not less
than six hundred pesos but not more than five thousand
pesos and by imprisonment for not less than three months
nor more than two years and, if the offender is an alien,
he may be subject to deportation.
"When, upon trial for a violation of this section, the
defendant is shown to have or to have had possession of
the merchandise in question, such possession shall be
deemed sufficient evidence to authorize conviction,
unless the defendant shall explain the possession to the
satisfaction of the court."
PRESIDENTIAL DECREE No. 1602
PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING
WHEREAS, Philippine Gambling Laws such as Articles
195-199 of the Revised Penal Code (Forms of Gambling
and Betting), R.A. 3063 (Horse racing Bookies), P.D. 449
(Cockfighting), P.D. 483 (Game Fixing), P.D. 510 (Slot
Machines) in relation to Opinion Nos. 33 and 97 of the
Ministry of Justice, P.D. 1306 (Jai-Alai Bookies) and other
City and Municipal Ordinances or gambling all over the
country prescribe penalties which are inadequate to
discourage or stamp out this pernicious activities;
WHEREAS, there is now a need to increase their penalties
to make them more effective in combating this social
menace which dissipate the energy and resources of our
people;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Republic of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and
decree:
Section 1. Penalties. The following penalties are hereby
imposed:
(a) The penalty of prison correccional in its medium
period of a fine ranging from one thousand to six
thousand pesos, and in case of recidivism, the penalty of
prision mayor in its medium period or a fine ranging from
five thousand to ten thousand pesos shall be imposed
upon:
1. Any person other than those referred to in the
succeeding sub-sections who in any manner, shall directly
or indirectly take part in any illegal or unauthorized
activities or games of cockfighting, jueteng, jai alai or
horse racing to include bookie operations and game
fixing, numbers, bingo and other forms of lotteries; cara y
cruz, pompiang and the like; 7-11 and any game using
dice; black jack, lucky nine, poker and its derivatives,
monte, baccarat, cuajao, pangguingue and other card
games; paik que, high and low, mahjong, domino and
other games using plastic tiles and the likes; slot machines,
roulette, pinball and other mechanical contraptions and
devices; dog racing, boat racing, car racing and other
forms of races, basketball, boxing, volleyball, bowling,
pingpong and other forms of individual or team contests
to include game fixing, point shaving and other
machinations; banking or percentage game, or any
other game scheme, whether upon chance or skill,
wherein wagers consisting of money, articles of value or
representative of value are at stake or made;
2. Any person who shall knowingly permit any form of
gambling referred to in the preceding subparagraph to
be carried on in inhabited or uninhabited place or in any
building, vessel or other means of transportation owned or
controlled by him. If the place where gambling is carried
on has a reputation of a gambling place or that
prohibited gambling is frequently carried on therein, or
the place is a public or government building or barangay
hall, the malfactor shall be punished by prision
correccional in its maximum period and a fine of six
thousand pesos.
(b) The penalty of prision correccional in its maximum
period or a fine of six thousand pesos shall be imposed
upon the maintainer or conductor of the above
gambling schemes.
(c) The penalty of prision mayor in its medium period with
temporary absolute disqualification or a fine of six
thousand pesos shall be imposed if the maintainer,
conductor or banker of said gambling schemes is a
government official, or where such government official is
the player, promoter, referee, umpire, judge or coach in
case of game fixing, point shaving and machination.
(d) The penalty of prision correccional in its medium
period or a fine ranging from four hundred to two
thousand pesos shall be imposed upon any person who
shall, knowingly and without lawful purpose in any hour of
any day, possess any lottery list, paper or other matter
containing letters, figures, signs or symbols pertaining to or
in any manner used in the games of jueteng, jai-alai or
horse racing bookies, and similar games of lotteries and
numbers which have taken place or about to take place.
(e) The penalty of temporary absolute disqualifications
shall be imposed upon any barangay official who, with
knowledge of the existence of a gambling house or
place in his jurisdiction fails to abate the same or take
action in connection therewith.
(f) The penalty of prision correccional in its maximum
period or a fine ranging from five hundred pesos to two
thousand pesos shall be imposed upon any security
officer, security guard, watchman, private or house
detective of hotels, villages, buildings, enclosures and the
like which have the reputation of a gambling place or
where gambling activities are being held.
Section 2. Informer's reward. Any person who shall
disclose information that will lead to the arrest and final
conviction of the malfactor shall be rewarded twenty
percent of the cash money or articles of value
confiscated or forfeited in favor of the government.
PRESIDENTIAL DECREE No. 483 June 13, 1974
PENALIZING BETTING, GAME-FIXING OR POINT SHAVING
AND MACHINATIONS IN SPORTS CONTESTS
WHEREAS, the evil that is gambling has again shown its
ugly head in the recently-discovered game-fixing or
point- shaving scandals during sports contests;
WHEREAS, one of the objectives of the New Society is the
development and promotion of desirable moral and
cultural values;
WHEREAS, there is urgent need to protect one youth and
sports programs and the morality of our society, especially
the youth, from the eroding influence of unscrupulous
persons who, through fraudulent schemes of game-fixing
or point-shaving and other machinations, have made
basketball and other sports contests, games and races
their media of subverting the aims and goals of true
Philippine sportsmanship;
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of
the powers vested in me by the Constitution, and
pursuant to Proclamations No. 1081, dated September 21,
1972 and No. 1104, dated January 17, 1973; and General
Order No. 1, dated September 22, 1972, do hereby order
and decree that the following shall be part of the law of
the land:
Section 1. Definitions. For purposes of this Decree, the
following terms shall mean and be understood to be as
hereunder indicated:
a. Betting money or any object or article of value or
representative of value upon the result of any game,
races and other sports contest.
b. Game-fixing any arrangement, combination, scheme
or agreement by which the result of any game, races or
sports contests shall be predicted and/or known other
than on the basis of the honest playing skill or ability of the
players or participants.
c. Point-shaving any such arrangement, combination,
scheme or agreement by which the skill or ability of any
player or participant in a game, races or sports contests
to make points or scores shall be limited deliberately in
order to influence the result thereof in favor of one or
other team, player or participant therein.
d. Game-machinations any other fraudulent, deceitful,
unfair or dishonest means, method, manner or practice
employed for the purpose of influencing the result of any
game, races or sport contest.
Section 2. Betting, game-fixing, point-shaving or game
machination unlawful. Game-fixing, point-shaving,
machination, as defined in the preceding section, in
connection with the games of basketball, volleyball,
softball, baseball; chess, boxing bouts, "jai-alai", "sipa",
"pelota" and all other sports contests, games or races; as
well as betting therein except as may be authorized by
law, is hereby declared unlawful.
Section 3. Penalty. Any violation of this Decree, or of the
rules and regulations promulgated in accordance
herewith, shall be punished in the manner following:
a. When the offender is an official, such as promoter,
referee, umpire, judge, or coach in the game, race or
sports contests, or the manager or sponsor of any
participating team, individual or player therein, or
participants or players in such games, races or other
sports contests, he shall, upon conviction, be punished by
prision correccional in its maximum period and a fine of
2,000 pesos with subsidiary imprisonment in case of
insolvency, at the discretion of the court. This penalty shall
also be imposed when the offenders compose a
syndicate of five or more persons.
b. In case of any offender, he shall, upon conviction, be
punished by prision correccional in its medium period and
a fine of 1,000 pesos with subsidiary imprisonment in case
of insolvency at the discretion of the court.
c. When the offender is an official or employee of any
government office or agency concerned with the
enforcement or administration of laws and regulations on
sports the penalty provided for in the preceding Section 3
a small be imposed. In addition, he shall be disqualified
from holding any public office or employment for life. If he
is an alien, he may be deported.
Section 4. Clearance for arrest, detention or
prosecution. No person who voluntarily discloses or
denounces to the President of the Philippine Amateur
Athletic Federation or to the National Sports Associations
concerned and/or to any law enforcement/police
authority any of the acts penalized by this Decree shall be
arrested, detained and/or prosecuted except upon prior
written clearance from the President of the Philippines
and/or of the Secretary of National Defense.
PRESIDENTIAL DECREE No. 449 May 9, 1974
COCKFIGHTING LAW OF 1974
WHEREAS, cockfighting has been and still is a popular,
traditional and customary form of recreation and
entertainment among Filipinos during legal holidays, local
fiestas, agricultural, commercial and industrial fairs,
carnivals or expositions;
WHEREAS, by reason of the aforestated meaning and
connotation of cockfighting in relation to filipino customs
and traditions, it should neither be exploited as an object
of commercialism or business enterprise, nor made a tool
of uncontrolled gambling, but more as a vehicle for the
preservation and perpetuation of native Filipino heritage
and thereby enhance our national identity.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by
the Constitution, do hereby decree and order to be part
of the laws of the land, the following:
Sec 1. Title. This Decree shall be known as the
"Cockfighting Law of 1974".
Section 4. Definition of Terms. As used in this law, the
following terms shall be understood, applied and
construed as follows:
(a) Cockfighting shall embrace and mean the commonly
known game or term "cockfighting derby, pintakasi or
tupada", or its equivalent terms in different Philippine
localities.
(b) Zoning Law or Ordinance Either both national or local
city or municipal legislation which logically arranges,
prescribes, defines and apportions a given political
subdivision into specific land uses as present and future
projection of needs warrant.
(c) Bet Taker of Promoter A person who calls and takes
care of bets from owners of both gamecocks and those
of other bettors before he orders commencement of the
cockfight and thereafter distributes won bets to the
winners after deducting a certain commission.
(d) Gaffer (Taga Tari) A person knowledgeable in the art
of arming fighting cocks with gaff or gaffs on either or
both legs.
(e) Referee (Sentenciador) A person who watches and
oversees the proper gaffing of fighting cocks, determines
the physical condition of fighting cocks while cockfighting
is in progress, the injuries sustained by the cocks and their
capability to continue fighting and decides and make
known his decision by work or gestures and result of the
cockfight by announcing the winner or declaring a tie or
no contest game.
(f) Bettor A person who participates in cockfights and with
the use of money or other things of value, bets with other
bettors or through the bet taker or promoter and wins or
loses his bet depending upon the result of the cockfight
as announced by the Referee or Sentenciador. He may
be the owner of fighting cock.
Section 5. Cockpits and Cockfighting: In General:
(a) Ownership, Operation and Management of Cockpits.
Only Filipino citizens not otherwise inhibited by existing
laws shall be allowed to own, manage and operate
cockpits. Cooperative capitalization is encouraged.
(b) Establishment of Cockpits. Only one cockpit shall be
allowed in each city or municipality, except that in cities
or municipalities with a population of over one hundred
thousand, two cockpits may be established, maintained
and operated.
(c) Cockpits Site and Construction. Cockpits shall be
constructed and operated within the appropriate areas
as prescribed in Zoning Law or Ordinance. In the absence
of such law or ordinance, the local executives shall see to
it that no cockpits are constructed within or near existing
residential or commercial areas, hospitals, school
buildings, churches or other public buildings. Owners,
lessees, or operators of cockpits which are now in
existence and do not conform to this requirement are
given three years from the date of effectivity of this
Decree to comply herewith. Approval or issuance of
building permits for the construction of cockpits shall be
made by the city or provincial engineer in accordance
with their respective building codes, ordinances or
engineering laws and practices.
(d) Holding of Cockfights. Except as provided in this
Decree, cockfighting shall be allowed only in licensed
cockpits during Sundays and legal holidays and during
local fiestas for not more than three days. It may also be
held during provincial, city or municipal, agricultural,
commercial or industrial fair, carnival or exposition for a
similar period of three days upon resolution of the
province, city or municipality where such fair, carnival or
exposition is to be held, subject to the approval of the
Chief of Constabulary or his authorized representative:
Provided, that, no cockfighting on the occasion of such
fair, carnival or exposition shall be allowed within the
month of a local fiesta or for more than two occasions a
year in the same city or municipality: Provided, further,
that no cockfighting shall be held on December 30 (Rizal
Day), June 12 (Philippine Independence Day) November
30 (National Heroes Day), Holy Thursday, Good Friday,
Election or Referendum Day and during Registration Days
for such election or referendum.
(e) Cockfighting for Entertainment of Tourists or for
Charitable Purposes. Subject to the preceding subsection
hereof, the Chief Constabulary or his authorized
representative may also allow the holding of cockfighting
for the entertainment of foreign dignitaries or for tourists,
or for returning Filipinos, commonly known as "Balikbayan",
or for the support of national fund-raising campaigns for
charitable purposes as may be authorized by the Office
of the President, upon resolution of a provincial board,
city or municipal council, in licensed cockpits or in
playgrounds or parks: Provided, that this privilege shall be
extended for only one time, for a period not exceeding
three days, within a year to a province, city, or
municipality.

(f) Other games during cockfights prescribed. No

gambling of any kind shall be permitted on the premises
of the cockpit or place of cockfighting during cockfights.
The owner, manager or lessee off such cockpit and the
violators of this injunction shall be criminally liable under
Section 8 hereof.

Section 6. Licensing of Cockpits. City and municipal

mayors are authorized to issue licenses for the operation
and maintenance of cockpits subject to the approval of
the Chief of Constabulary or his authorized
representatives. For this purpose, ordinances may be
promulgated for the imposition and collection of taxes
and fees not exceeding the rates fixed under Section 13,
paragraphs (a) and (b); and 19; paragraph (g) 16 of
Presidential Decree No. 231, dated June 28, 1973,
otherwise known as the Local Tax Code, as amended.

Section 7. Cockfighting Officials. Gaffers, referees or bet

takers or promoters shall not act as such in any cockfight
herein authorized, without first securing a license
renewable every year on their birthmonth from the city or
municipality where such cockfighting is held. Cities and
municipalities may charge a tax of not more than twenty
pesos. Only licensed gaffers, referees, bet takers or
promoters shall officiate in all kinds of cockfighting
authorized in this Decree.