Case Digest (G.R. No. 144463) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Senator Robert S. Jaworski vs. Philippine Amusement and Gaming Corporation and Sports and Games Entertainment Corporation (G.R. No. 144463, decided October 10, 2005), petitioner Robert S. Jaworski, in his capacity as a member of the Senate and Chairman of the Senate Committee on Games, Amusement and Sports, challenged the validity of the “Grant of Authority and Agreement for the Operation of Sports Betting and Internet Gaming” executed by respondent PAGCOR, a government-owned and controlled corporation created under Presidential Decree No. 1869 (July 11, 1983), in favor of respondent SAGE. PAGCOR’s charter under P.D. 1869 authorizes it to operate casinos, clubs, sports gaming pools and other amusement venues “within the territorial jurisdiction of the Republic of the Philippines.” On March 31, 1998, PAGCOR’s Board approved, and on September 1, 1998 its Chairperson Alicia Ll. Reyes and SAGE’s representatives executed, an agreement granting SAGE the authority to operate sports Case Digest (G.R. No. 144463) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- PAGCOR’s Legislative Franchise under P.D. No. 1869
- Enacted July 11, 1983, to centralize all games of chance and eradicate malpractices; authorized PAGCOR as a government-owned corporation to operate casinos, clubs, sports gaming pools (basketball, football, lotteries, etc.) for 25 years, renewable for another 25.
- Section 14 limits activities to “land or water within the territorial jurisdiction of the Republic of the Philippines.”
- Grant of Authority to SAGE
- March 31, 1998: PAGCOR’s board approved a “Grant of Authority and Agreement for the Operation of Sports Betting and Internet Gaming,” allowing Sports and Games Entertainment Corporation (SAGE) to operate sports betting stations in PAGCOR casinos and Internet gaming, subject to integrity safeguards.
- September 1, 1998: Agreement executed by PAGCOR’s Chairperson Alicia Ll. Reyes and SAGE’s Chairman Henry Sy, Jr. and President Antonio D. Lacdao; SAGE commenced trial Internet gambling using prepaid cards redeemable at Bingo Bonanza outlets.
- Senator Jaworski’s Petition
- Filed a petition for certiorari and prohibition under Rule 65, seeking to nullify PAGCOR’s grant of authority to SAGE.
- Contended that Internet gambling was not contemplated by P.D. 1869, transcends territorial limits, and does not fall within “casinos,” “clubs,” or “other recreation or amusement places” as defined in the decree.
Issues:
- Statutory Authorization
- Is PAGCOR authorized under P.D. No. 1869 to operate or to vest another entity with the authority to operate Internet gambling?
- Jurisdictional and Discretionary Boundaries
- Did PAGCOR act without or in excess of its jurisdiction or with grave abuse of discretion when it authorized SAGE to conduct Internet gambling under Section 10 of P.D. 1869?
- Delegation of Franchise Rights
- Does PAGCOR’s legislative franchise include the power to share or delegate any part of its authority to a third party, specifically for Internet gaming?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)