Case Digest (G.R. No. 231490)
Facts:
The case involves two consolidated petitions for certiorari filed by Victor Abadiez Bonghanoy, Isidore Gaviola Besas, Eustaquio Raaa Bacolod, and others (collectively referred to as petitioners) against the Office of the Ombudsman (respondent). The petitions were filed to contest the Ombudsman's Resolution dated October 11, 2016, and the Order dated January 17, 2017, which found probable cause against the petitioners for violating Presidential Decree No. 449, as amended by PD 1602, known as the "Cockfighting Law of 1974." The events leading to the case began on November 6, 2013, when the Sangguniang Bayan of Ubay, Bohol, passed Resolution No. 205, Series of 2013, requesting the Municipal Mayor to allow a three-day cockfighting event on February 1 and 2, 2014. This resolution was attested by Vice Mayor Nelson L. Uy and approved by then-Mayor Galicano E. Atup.
Subsequently, on January 4, 2014, the Sangguniang Barangay of Union, Ubay, passed Resolution No. 06, S...
Case Digest (G.R. No. 231490)
Facts:
Background and Resolutions:
- On November 6, 2013, the Sangguniang Bayan of Ubay, Bohol, passed Resolution No. 205, Series of 2013, requesting the Municipal Mayor to allow 3-win cockfights on February 1 and 2, 2014, at the Ramon Magsaysay Memorial Gymnasium. The resolution was approved by then Municipal Mayor Galicano E. Atup and attested by Vice Mayor Nelson L. Uy.
- On January 4, 2014, the Sangguniang Barangay of Union, Ubay, Bohol, passed Resolution No. 06, Series of 2014, endorsing the holding of 3-win cockfights on January 28, 29, and 30, 2014, at the Union Cultural and Sports Center. This resolution was attested by Barangay Chairperson Merlinda B. Gallego.
- On January 8, 2014, the Sangguniang Bayan amended Resolution No. 205, changing the dates to January 28, 29, and 30, 2014, and the venue to the Union Cultural and Sports Center. This was also approved by Mayor Atup and attested by Vice Mayor Uy.
Special Permits and Event: 4. A Special Permit was issued by the Bohol Provincial Police Office on January 9, 2014, allowing the cockfighting event to be held on the specified dates and venue for the entertainment of tourists and balikbayans during the town fiesta. 5. Mayor Atup issued a special permit for the event, subject to compliance with regulatory fees and existing laws. 6. The 3-win cockfighting event was held as scheduled.
Complaint and Investigation: 7. On April 10, 2014, private complainant Cesar C. Arro, Sr., filed a Complaint-Affidavit with the Office of the Ombudsman, alleging that the cockfighting event was held in an unlicensed cockpit in violation of Presidential Decree No. (PD) 449, as amended by PD 1602 (Cockfighting Law of 1974). 8. The Ombudsman conducted an investigation and found probable cause to indict the petitioners, including Mayor Atup, Vice Mayor Uy, councilors, and barangay officials, for violating PD 449.
Issue:
The pivotal issue is whether the Ombudsman committed grave abuse of discretion in finding probable cause to indict the petitioners for violating PD 449, specifically whether the applicable provision is Section 5(d) or Section 5(e) of PD 449.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)