ASG Law

Tag: Cockfighting Law

  • Accountability and the Limits of Official Discretion: When Granting a Permit Becomes a Crime

    This case clarifies the responsibilities of public officials in the Philippines, specifically Mayors, when issuing permits. The Supreme Court affirmed the Sandiganbayan’s conviction of former Mayor Charita M. Chan for violating Section 3(j) of the Anti-Graft and Corrupt Practices Act (RA 3019). Chan knowingly granted a permit to the Liga ng mga Barangay to hold cockfights on Saturdays, despite existing laws prohibiting such activities. This ruling underscores that public officials cannot use their positions to circumvent legal restrictions, even if they claim a lack of criminal intent, thus emphasizing accountability in governance and adherence to the law.

    Cockfights and Conflicts: Did a Mayor’s Permit Cross the Line?

    The case of Charita M. Chan v. People of the Philippines revolves around the intersection of local governance, legal restrictions, and the anti-graft law. In 2016, Charita M. Chan, then the Mayor of Babatngon, Leyte, faced two criminal charges for violating Section 3(j) of Republic Act No. 3019, also known as the Anti-Graft and Corrupt Practices Act. These charges stemmed from the approval and issuance of Mayor’s Permits for the operation of a cockpit and the holding of cockfights in her municipality. The pivotal question was whether Chan, in her official capacity, knowingly granted permits to entities not legally entitled to them, thereby violating the anti-graft law.

    The first charge, SB-16-CRM-0511, pertained to a permit granted to Nicomedes Alde, the owner of the Babatngon Gallera. He was also a member of the Sangguniang Bayan of Babatngon and President of the Liga ng mga Barangay. The information alleged that Chan knew Alde was prohibited under Section 89(2) of the Local Government Code (RA 7160) from holding such an interest in a licensed cockpit. However, she still approved the permit. The second charge, SB-16-CRM-0512, concerned a Mayor’s Permit issued to the Liga ng mga Barangay, allowing them to hold cockfights every Saturday. This was allegedly in violation of Section 5(d) and (e) of Presidential Decree No. 449 (The Cockfighting Law of 1974) and Municipal Ordinance No. 281 of Babatngon, Leyte. The Sandiganbayan acquitted Chan in the first case due to insufficient evidence but convicted her in the second case.

    The key provision at the heart of this case is Section 3(j) of RA 3019, which explicitly defines corrupt practices of public officers. This section states that it is unlawful for a public officer to knowingly approve or grant any license, permit, privilege, or benefit in favor of any person not qualified or not legally entitled to such advantages. This is especially true when dealing with a mere representative or dummy of someone unqualified or not entitled. This provision is crucial in ensuring that public officials act within the bounds of the law and do not abuse their authority for personal or other undue advantages.

    In assessing Chan’s actions, the Supreme Court emphasized that the prosecution must prove every element of the offense beyond a reasonable doubt. The elements of Section 3(j) of RA 3019 are: (1) that the offender is a public officer; (2) that he/she knowingly approved or granted any license, permit, privilege, or benefit; and (3) that the license, permit, privilege, or benefit was granted in favor of any person not qualified or not legally entitled to such license, permit, privilege or advantage, or in favor of a mere representative or dummy of one who is not qualified or entitled. The Court found that all these elements were sufficiently proven in Criminal Case No. SB-16-CRM-0512.

    The Court noted that it was undisputed that Chan was the incumbent Mayor of Babatngon, Leyte at the time of the alleged offense, satisfying the first element. As for the second element, the Mayor’s Permit itself, marked as Exhibit “H,” explicitly stated that the Liga ng mga Barangay was granted permission to hold cockfights every Saturday. This evidence demonstrated that Chan knowingly approved or granted the permit. The permit read:

    THIS IS TO CERTIFY that the LIGA NG MGA BARANGAY of the Municipality of Babatngon, Leyte is hereby granted this Mayor’s Permit to hold COCKFIGHT at the Barangay District III, Babatngon, Leyte, every Saturday, as per SB Resolution Resolution No. 2749-12.

    Done, this 13th day of April 2012, Babatngon, Leyte, Philippines

    The final element was proven by establishing that the Liga ng mga Barangay, whose members were barangay officials, was not qualified to receive such a permit. The Court cited Section 89(a)(2) of RA 7160, the Local Government Code of 1991, which explicitly prohibits local government officials from holding interests in cockpits or other games licensed by the local government unit. Section 89 states:

    SECTION 89. Prohibited Business and Pecuniary Interest. — (a) It shall be unlawful for any local government official or employee, directly or indirectly, to:
    x x x x
    (2) Hold such interests in any cockpit or other games licensed by a local government unit;

    Building on this principle, the Court rejected Chan’s argument that she had no intent to commit the offense, emphasizing that criminal intent is not necessary in mala prohibita offenses, such as the violation of Section 3(j) of RA 3019. This is based on the principle articulated in Luciano v. Estrella:

    In other words, the act treated thereunder [Section 3(g), RA 3019] partakes of the nature of a malum prohibitum; it is the commission of that act as defined by the law, not the character or effect thereof, that determines whether or not the provision has been violated. And this construction would be in consonance with the announced purpose for which Republic Act 3019 was enacted, which is the repression of certain acts of Republic officers and private persons constituting graft or corrupt practices or which may lead thereto. Note that the law does not merely contemplate repression of acts that are unlawful or corrupt per se, but even of those that may lead to or result in graft and corruption.

    The Supreme Court upheld the Sandiganbayan’s finding, stating that Chan was guilty beyond reasonable doubt in Criminal Case No. SB-16-CRM-0512 for knowingly granting a permit to hold cockfights in favor of the Liga ng mga Barangay, whose members were prohibited from having an interest in any cockpit operation under RA 7160. The penalty imposed by the Sandiganbayan was also affirmed. The Court found it to be within the statutory limits set forth in Section 9 of RA 3019, which includes imprisonment and perpetual disqualification from holding public office. This decision reinforced the importance of adhering to anti-graft laws and upholding the integrity of public office.

    FAQs

    What was the key issue in this case? The key issue was whether Mayor Charita M. Chan violated Section 3(j) of the Anti-Graft and Corrupt Practices Act by knowingly granting a permit to an entity not legally entitled to it. The case specifically focused on a permit issued to the Liga ng mga Barangay to hold cockfights every Saturday.
    What is Section 3(j) of RA 3019? Section 3(j) of RA 3019 prohibits public officers from knowingly approving or granting any license, permit, privilege, or benefit to unqualified individuals or entities. This provision aims to prevent corruption and abuse of authority in the issuance of government permits and licenses.
    Why was the Liga ng mga Barangay not qualified for the permit? The Liga ng mga Barangay, whose members were barangay officials, was not qualified because Section 89(a)(2) of the Local Government Code (RA 7160) prohibits local government officials from having interests in cockpits or other games licensed by the local government unit.
    Did the court consider Mayor Chan’s intent in issuing the permit? No, the court did not consider Mayor Chan’s intent as a defense. Violations of Section 3(j) of RA 3019 are considered mala prohibita, meaning the act itself is prohibited by law, regardless of the offender’s intent.
    What does mala prohibita mean? Mala prohibita refers to acts that are prohibited by law, regardless of whether they are inherently immoral or harmful. The focus is on whether the act was committed, not on the intent or moral culpability of the offender.
    What was the Sandiganbayan’s ruling? The Sandiganbayan found Mayor Chan guilty beyond reasonable doubt of violating Section 3(j) of RA 3019 in Criminal Case No. SB-16-CRM-0512. She was sentenced to imprisonment and perpetual disqualification from holding public office.
    What was the Supreme Court’s decision? The Supreme Court affirmed the Sandiganbayan’s decision, upholding Mayor Chan’s conviction. The Court agreed that all elements of the offense were proven beyond a reasonable doubt.
    What is the significance of this ruling? This ruling reinforces the accountability of public officials in the Philippines, particularly in the issuance of permits and licenses. It emphasizes that public officials must adhere to legal restrictions and cannot use their positions to circumvent the law, even if they claim a lack of criminal intent.

    The Supreme Court’s decision in Chan v. People serves as a crucial reminder for public officials to exercise their duties with utmost diligence and integrity. The ruling reinforces the principle that ignorance of the law is no excuse, especially when it comes to upholding anti-graft measures designed to protect public interest. This case will likely influence future decisions regarding the responsibilities of public officials in issuing permits and licenses, underscoring the need for strict adherence to legal guidelines and ethical standards in governance.

    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: Charita M. Chan, G.R. No. 238304, July 27, 2022

  • Understanding Cockfighting Regulations in the Philippines: A Landmark Supreme Court Decision

    Key Takeaway: The Importance of Correctly Applying Cockfighting Regulations in the Philippines

    Bonghanoy, et al. vs. Office of the Ombudsman, G.R. No. 231490 and G.R. No. 231566, September 15, 2021

    Imagine the excitement of a local fiesta in the Philippines, where the air is filled with the sounds of laughter, music, and the thrill of traditional cockfighting. This cherished cultural activity, deeply rooted in Filipino tradition, recently became the center of a legal battle that reached the Supreme Court. The case of Bonghanoy, et al. vs. Office of the Ombudsman highlights the complexities of regulating cockfighting events and the importance of understanding the legal framework governing such activities.

    The central issue in this case revolved around whether the cockfighting event held in Ubay, Bohol, was in compliance with Presidential Decree No. 449, also known as the Cockfighting Law of 1974. The petitioners, local officials and barangay leaders, were indicted for allegedly holding the event in an unlicensed cockpit. This case underscores the need for clarity in interpreting and applying the law, especially when it comes to cultural practices that are integral to community life.

    Legal Context: Understanding the Cockfighting Law of 1974

    The Cockfighting Law of 1974, or Presidential Decree No. 449, was enacted to regulate the conduct of cockfighting in the Philippines. This law aims to balance the preservation of cultural traditions with the need for public order and safety. Key provisions relevant to this case include:

    Section 5(d): This section permits cockfighting on Sundays, legal holidays, and local fiestas, but only in licensed cockpits and for no more than three days. It also allows cockfighting during fairs, carnivals, or expositions, subject to specific conditions and the approval of the Chief of Constabulary (now replaced by the Philippine National Police).

    Section 5(e): This section allows cockfighting for the entertainment of tourists, returning Filipinos (known as “balikbayans”), or for charitable purposes, with the approval of the Chief of Constabulary. Importantly, it can be held in licensed cockpits or in playgrounds or parks, and is limited to one event per year per municipality.

    Understanding these provisions is crucial, as they define the boundaries within which cockfighting can legally occur. For instance, if a community wishes to hold a cockfighting event during a local fiesta, it must ensure that the event takes place in a licensed cockpit. However, if the event is intended to entertain tourists or balikbayans, it may be held in a playground or park, provided all other conditions are met.

    Case Breakdown: The Journey to the Supreme Court

    The case began when the Sangguniang Bayan of Ubay, Bohol, passed Resolution No. 205, Series of 2013, requesting permission to hold a 3-win cockfight during the town fiesta. Subsequent resolutions amended the dates and venue, leading to the event being held at the Union Cultural and Sports Center on January 28, 29, and 30, 2014.

    The controversy arose when private complainant Cesar C. Arro, Sr. filed a complaint with the Office of the Ombudsman, alleging that the event violated PD 449 because it was held in an unlicensed cockpit. The Ombudsman found probable cause and recommended filing charges against the petitioners under Section 5(d) of PD 449.

    The petitioners challenged this decision, arguing that the applicable provision was Section 5(e), as the event was intended to entertain tourists and balikbayans. The Supreme Court ultimately agreed with the petitioners, finding that the Ombudsman had committed grave abuse of discretion.

    Key points in the Supreme Court’s reasoning included:

    • “The Sangguniang Bayan of Ubay, Bohol, passed Resolution No. 205, Series of 2013, requesting the Mayor to allow the holding of 3-win cockfights for the entertainment of balikbayans and local tourists.”
    • “The holding of cockfighting for the entertainment of tourists and balikbayans within the month of a local fiesta is not prohibited because some of the balikbayans would plan their homecoming within the dates near the town fiesta to celebrate with their families and hometown friends.”
    • “The Ombudsman’s reliance on the Certification dated April 13, 2015 of the Municipal Administrator and the Certification dated January 6, 2014 of Ubay Chief of Police, Police Chief Inspector George Salcedo Caña, to prove that the controlling event which led to the holding of the cockfight at the Union Cultural Sports Center was the local town fiesta is not persuasive.”

    The Supreme Court’s decision reversed the Ombudsman’s findings and directed the withdrawal of the Information filed against the petitioners.

    Practical Implications: Navigating Cockfighting Regulations

    This ruling has significant implications for local governments and communities planning cockfighting events. It clarifies that events intended for the entertainment of tourists or balikbayans can be held in playgrounds or parks, provided they comply with Section 5(e) of PD 449. This flexibility can enhance community events and boost local tourism.

    However, it also underscores the importance of accurately applying the law. Local officials must ensure that they understand the distinctions between Sections 5(d) and 5(e) and secure the necessary permits and approvals. Failure to do so can lead to legal challenges and potential criminal charges.

    Key Lessons:

    • Ensure that the purpose of the cockfighting event is clearly stated in resolutions and permits.
    • Secure the appropriate approvals from the Philippine National Police for events intended for tourists or balikbayans.
    • Be aware of the venue requirements under PD 449, as events for tourists can be held in playgrounds or parks.

    Frequently Asked Questions

    What is the Cockfighting Law of 1974?

    The Cockfighting Law of 1974, or Presidential Decree No. 449, regulates the conduct of cockfighting in the Philippines, specifying when and where such events can be held.

    Can cockfighting be held during local fiestas?

    Yes, but only in licensed cockpits and for no more than three days, as per Section 5(d) of PD 449.

    What is the difference between Sections 5(d) and 5(e) of PD 449?

    Section 5(d) applies to cockfighting during local fiestas and requires a licensed cockpit, while Section 5(e) allows events for tourists or balikbayans in licensed cockpits or playgrounds/parks, with specific conditions.

    Do I need a permit from the Philippine National Police for a cockfighting event?

    Yes, if the event is intended for tourists or balikbayans, you must secure a special permit from the Philippine National Police, as per Section 5(e).

    What are the consequences of violating PD 449?

    Violating PD 449 can result in criminal charges, as seen in the case of Bonghanoy, et al. vs. Office of the Ombudsman.

    Can a community hold multiple cockfighting events in a year?

    Under Section 5(e), a community can hold one event per year for the entertainment of tourists or balikbayans.

    What should local officials do to ensure compliance with PD 449?

    Local officials should clearly document the purpose of the event, secure necessary permits, and ensure the venue complies with the law’s requirements.

    ASG Law specializes in regulatory compliance and local government law. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Cockfighting Law vs. Local Autonomy: Resolving Conflicts in Municipal Governance

    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