In the case of Leonardo Tan, Robert Uy and Lamberto Te vs. Socorro Y. Pereña, the Supreme Court clarified the interplay between the national government’s police power and local autonomy concerning the operation of cockpits. The Court ruled that while local government units (LGUs) have the authority to license and regulate cockpits, this power is limited by national laws such as the Cockfighting Law of 1974, which restricts the number of cockpits per municipality. This decision reinforces the principle that municipal ordinances must not contravene national statutes.

Cockpits and Conflicts: Can a Municipality Override National Law?

The core of this case revolves around the clash between Presidential Decree No. 449 (Cockfighting Law of 1974) and the Local Government Code of 1991. The Cockfighting Law limits the number of cockpits allowed in a city or municipality. Specifically, Section 5(b) of P.D. No. 449 states:

Section 5. Cockpits and Cockfighting in General. –

(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.

On the other hand, the Local Government Code grants municipal sangguniang bayan (municipal councils) the power to authorize and license the establishment, operation, and maintenance of cockpits. This power is stated in Section 447(a)(3)(V) of the Local Government Code:

(v) Any law to the contrary notwithstanding, authorize and license the establishment, operation, and maintenance of cockpits, and regulate cockfighting and commercial breeding of gamecocks; Provided, that existing rights should not be prejudiced;

In Daanbantayan, Cebu, the Sangguniang Bayan enacted Municipal Ordinance No. 7, Series of 1993, allowing up to three cockpits in the municipality. This ordinance directly contradicted the Cockfighting Law, which would only permit one cockpit given Daanbantayan’s population. Socorro Y. Pereña, who operated a cockpit in Daanbantayan since the 1970s, filed a complaint against Leonardo Tan, who had been granted a permit to operate a second cockpit, arguing that the ordinance was invalid.

The Regional Trial Court (RTC) initially dismissed Pereña’s complaint, upholding the validity of the municipal ordinances. However, the Court of Appeals reversed the RTC’s decision, declaring that Ordinance No. 7 was invalid as it conflicted with the Cockfighting Law. The appellate court then ordered Tan to cease operating his cockpit. Petitioners argued that the Local Government Code had effectively repealed the Cockfighting Law, granting municipalities the autonomy to regulate cockpits without national interference.

The Supreme Court, in its analysis, addressed whether the Local Government Code had rendered the Cockfighting Law inoperative. The Court emphasized that while the Local Government Code grants LGUs significant powers, these powers are not absolute and must be exercised within the bounds of national laws. The Court noted that the Local Government Code did not expressly repeal the Cockfighting Law. Implied repeals are disfavored in statutory construction.

The Court addressed the phrase “any law to the contrary notwithstanding” in Section 447(a)(3)(v) of the Local Government Code. This phrase, according to the Court, clarifies that the sangguniang bayan has the power to authorize and license cockpits. However, this power is not unlimited. The Supreme Court explained that Section 5(b) of the Cockfighting Law arises from a valid exercise of police power by the national government. This police power aims to regulate cockfighting due to the gambling involved and its potential to distract from national productivity.

The Court further elaborated that limiting the number of cockpits is a reasonable means to control cockfighting, and such a limitation falls within the scope of national police power. The Supreme Court affirmed the principle that a municipal ordinance must not contravene the Constitution or any statute.

A municipal ordinance must not contravene the Constitution or any statute, otherwise it is void.

Therefore, Ordinance No. 7, by allowing three cockpits in Daanbantayan, directly contravened the Cockfighting Law and was deemed invalid. The Supreme Court upheld the Court of Appeals’ decision to issue an injunction against Tan, preventing him from operating a cockpit in violation of the existing national law.

FAQs

What was the key issue in this case?	The primary issue was whether the Local Government Code of 1991 effectively repealed or superseded Section 5(b) of the Cockfighting Law of 1974, which limits the number of cockpits allowed per municipality.
What did the Cockfighting Law of 1974 stipulate?	The Cockfighting Law of 1974, specifically Section 5(b), restricts the establishment of cockpits to only one per city or municipality, except for those with a population over one hundred thousand, where two are allowed.
How did the Local Government Code of 1991 impact this law?	The Local Government Code of 1991 granted sangguniang bayan the authority to license and regulate cockpits, but it did not expressly repeal the Cockfighting Law.
What was the local ordinance in question?	Municipal Ordinance No. 7 of Daanbantayan, Cebu, allowed for the operation of up to three cockpits, which directly contradicted the Cockfighting Law.
What was the court’s ruling on the validity of the ordinance?	The Supreme Court ruled that Municipal Ordinance No. 7 was invalid because it contravened the Cockfighting Law, which remains in effect as a valid exercise of national police power.
What does “police power” mean in this context?	Police power refers to the inherent authority of the government to enact laws and regulations that promote public order, safety, health, and general welfare.
What was the significance of the phrase “any law to the contrary notwithstanding”?	This phrase in the Local Government Code clarified that the sangguniang bayan has the power to authorize and license cockpits, but it does not override national laws like the Cockfighting Law.
What was the final outcome of the case?	The Supreme Court denied the petition and upheld the Court of Appeals’ decision, which enjoined Leonardo Tan from operating a cockpit in Daanbantayan.
What is the main takeaway from this case?	Local ordinances must comply with national laws, and local autonomy is not absolute. The national government retains the power to regulate activities like cockfighting through the exercise of its police power.

This case underscores the principle of hierarchical governance, emphasizing that local autonomy is not absolute and must be exercised within the framework of national laws. The Supreme Court’s decision reaffirms the balance between empowering local government units and upholding the national government’s authority to regulate activities that affect the general welfare of the country.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: LEONARDO TAN, ET AL. VS. SOCORRO Y. PEREÑA, G.R. NO. 149743, February 18, 2005