DOJ: Philracom
cannnot issue license on online horseracing
THE Department of Justice on Wednesday ruled that the
Philippine Racing Commission (Philracom) cannot authorize the operation of
online horseracing in the country under Presidential Decree 420, the law that
created the commission.
Justice Secretary Raul Gonzalez issued the legal opinion upon
the query of Philracom chairman Jose Ferdinand Rojas who had received an
application from Turfmaster Philippines, the local partner of Turfmaster UK, for
the issuance of a permit to legally operate online horseracing.
Turfmaster Philippines applied for the permit with Philracom
on the advice of the Philippine Amusement and Gaming Corp. Philracom then asked
the DOJ if it was the appropriate agency to issue Turfmaster the permit.
Gonzalez said that under its charter, Philracom has exclusive
jurisdiction and control over every aspect of horseracing, including the framing
and scheduling of races, the construction and safety of horse racetracks, the
allocation of prizes, and the security of races, but not online horseracing.
"A reading of the provisions of the Philracom charter does
not show any iota of evidence that is authorized, directly or otherwise, to
sanction the operation of virtual horseracing in the Internet," Gonzalez said.
He said Philracom has the power to register race horses,
grant permits for the holding of races, to issue, suspend or revoke permits and
licenses, and to collect fees for the issuance of such licenses and permits. But
all these powers, Gonzalez stressed, cover only races involving actual, live
horses registered with Philracom as racehorses.
Gonzalez also said the proposed online horseracing involves betting and thus
can be considered as gambling in the Internet. He said such activity needs
legislative authorization before any license or permit for its operation can be
granted. – Evangeline C. de Vera