Case Digest (G.R. No. 129093)
Facts:
Hon. Jose D. Lina, Jr., Sangguniang Panlalawigan of Laguna, and Hon. Calixto Cataquiz v. Hon. Francisco Dizon Pano and Tony Calvento, G.R. No. 129093, August 30, 2001, Supreme Court Second Division, Quisumbing, J., writing for the Court.On December 29, 1995, Tony Calvento was appointed by the Philippine Charity Sweepstakes Office (PCSO) as an agent to install Terminal OM 20 to operate a lotto outlet. Calvento applied to Mayor Calixto Cataquiz of San Pedro, Laguna for a mayor’s business permit; the mayor denied the permit by letter dated February 19, 1996. The denial was grounded on Kapasiyahan Blg. 508, Taon 1995, a resolution of the Sangguniang Panlalawigan of Laguna dated September 18, 1995, which expressed strong opposition to gambling, including lotto, in the province.
Following the denial, Calvento filed a complaint for declaratory relief with prayer for preliminary injunction and a temporary restraining order in the Regional Trial Court (RTC) of San Pedro, Laguna, Branch 93, seeking: (1) an injunction restraining implementation or enforcement of Kapasiyahan Blg. 508, T. 1995; (2) an order compelling Mayor Cataquiz to issue the business permit; and (3) annulment or declaration of invalidity of the Kapasiyahan. On February 10, 1997, RTC Judge Francisco Dizon Pano issued a decision enjoining the petitioners from implementing or enforcing the Kapasiyahan; the court’s dispositive paragraph enjoined defendants, their agents and representatives from enforcing the resolution.
Petitioners filed a motion for reconsideration which the RTC denied in an April 21, 1997 Order. Thereafter petitioners sought relief from the Supreme Court by filing a petition for review on certiorari (Rule 45) challenging the RTC’s injunction on two main grounds: (1) that the Kapasiyahan was a valid policy declaration and exercise of provincial police power under Republic Act No. 7160 (the Local Government Code of 1991), and (2) that Sections 2(c) and 27 of RA 7160 required prior consultation and sanggunian approval before national projects or programs...(Pro-only)
Issues:
- Is Kapasiyahan Blg. 508, Taon 1995 of the Sangguniang Panlalawigan of Laguna and the denial by Mayor Cataquiz of a mayor’s permit thereunder valid?
- Do Sections 2(c) and 27 of Republic Act No. 7160 (Local Government Code) require prior consultation and sanggunian approval before the operation of a lotto ou...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)