Case Digest (G.R. No. 73022)
Case Digest (G.R. No. 73022)
Facts:
Georgia Adlawan, Owner, Ramon Villordon and Manuel Villordon, Shareholders and Operators/Managers of the Gallera Bagong Lipunan, and the Sangguniang Bayan of Minglanilla, Cebu, petitioners v. The Hon. Intermediate Appellate Court, The Hon. Regional Trial Court, Branch XIII, Cebu City, The Philippine Gamefowl Commission, Nicolas Enad, Abelardo Larumbe and Martiniano De La Calsada, all shareholders of the Minglanilla Junior Coliseum, G.R. No. 73022, February 09, 1989, Supreme Court Second Division, Regalado, J., writing for the Court.
Prior to martial law there were two licensed cockpits in Minglanilla, Cebu: the Minglanilla Junior Coliseum (established 1955 and later owned/operated by private respondents Nicolas Enad, Abelardo Larumbe and Martiniano De La Calsada) located in the poblacion; and the Gallera Bagong Lipunan (established 1967 and later owned/operated by petitioners and predecessors) located in Barrio Calajo-an. Conflict arose after the promulgation of Presidential Decree No. 449 (Cockfighting Law of 1974), which, together with earlier and implementing rules, prompted local authorities to determine which cockpit should be the municipal cockpit under the “one cockpit per municipality” policy.
Municipal and police communications beginning in 1972 led the Provincial Command to initially uphold the Coliseum as municipal cockpit (December 8, 1972). The Municipal Council’s Committee on Laws and Ordinances later recommended retention and certification of the Gallera as municipal cockpit, invoking Republic Act No. 1224 and an Unnumbered Provincial Circular that discouraged cockpits within poblacions and within 200 lineal meters of public buildings. The Municipal Council adopted the Committee’s recommendation and passed Resolution No. 40 (1973) requesting mayoral certification of Gallera as municipal cockpit.
Private respondents filed a petition for declaratory relief with injunction in the Court of First Instance (Special Civil Action No. R-13186), seeking judicial declaration of rights and an order directing the mayor to issue a license to the Coliseum and closing the Gallera. The trial court granted relief to private respondents: it ordered the mayor to issue the 1982 license to them, directed the Sangguniang Bayan to confirm it, ordered the Philippine Gamefowl Commission to register the Coliseum and to close Gallera, and made the preliminary injunction permanent.
Ma. Luz Rosete Diores, who had acquired Gallera from Catalino Villaflor, appealed the trial court judgment to the then Intermediate Appellate Court (CA-GR UDK No. 4914). While the appeal was pending, Diores sold Gallera to petitioner Georgia Adlawan (deed dated July 14, 1984). On September 12, 1985 Diores moved to withdraw/dismiss her appeal; the Intermediate Appellate Court granted the motion and entered judgment on September 13, 1985. Adlawan thereafter moved for reconsideration (claiming she was real party in interest and that the withdrawal was in bad faith), but the IAC denied reconsideration on November 27, 1985 because entry of judgment had already been made. The trial court then ordered issuance of a writ of execution (October 14, 1985).
Separately, on October 10, 1985 the Philippine Gamefowl Commission issued a resolution canceling Gallera’s certificate of registration and approving registration of the Coliseum; the Commission later granted an interlocutory order allowing Gallera to operate in 1986. Aggrieved, petitioners brought the present Rule 45 petition before the Supreme Court to nullify the trial court decision and the IAC resolution and to set aside the entry of judgment following the appeal withdrawal.
Issues:
- Procedural: Did the withdrawal of the appeal by Diores and the subsequent entry of judgment on September 13, 1985 bar petitioner Adlawan (as alleged transferee) from challenging the trial court judgment and the appellate dismissal?
- Substantive: Whether the trial court correctly declared the Minglanilla Junior Coliseum the municipal cockpit and ordered the closure of Gallera Bagong Lipunan, in light of Republic Act No. 1224, Presidential Decree No. 449, Presidential Decree No. 1802, Municipal Ordinance No. 4 (1969), and the powers of the mayor, the municipal council (Sangguniang Bayan) and the Philippine Gamefowl Commission.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)