Case Digest (G.R. No. L-53790)
Facts:
- Two petitions were filed by One Heart Sporting Club, Inc., Angeles B. Cuenca (Provincial Commander of Zamboanga del Norte), and the Cities of Dipolog and Dapitan against the Court of Appeals and Dipolog Coliseum, Inc.
- Presidential Decree No. 449, known as the "Cockfighting Law of the Philippines," was enacted on May 9, 1974, mandating compliance with zoning laws for cockpits.
- Cockpits were prohibited near residential areas, schools, hospitals, and churches, with a three-year compliance period for existing cockpits.
- Dipolog Coliseum, Inc. operated a cockpit in a prohibited area and failed to comply by the deadline.
- Presidential Decree No. 1140 extended the compliance deadline by one year, until May 9, 1978.
- On May 10, 1978, One Heart Sporting Club, Inc. applied for and received a permit to construct a new cockpit, which was approved by local authorities.
- Presidential Decree No. 1535 was issued on September 29, 1978, extending the deadline for existing cockpits to relocate until June 11, 1980.
- Dipolog Coliseum, Inc. sought permission to resume operations based on this extension but was denied due to the Sporting Club's permit.
- The lower court dismissed Dipolog Coliseum, Inc.'s complaint and awarded damages to the Sporting Club.
- Dipolog Coliseum, Inc. appealed to the Court of Appeals, which ruled in its favor, allowing it to resume operations and relocate before June 11, 1980.
- The Sporting Club challenged this decision, leading to petitions before the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the Court of Appeals' decision, allowing Dipolog Coliseum, Inc. to operate its cockpit and granting six months for relocation. ...(Unlock)
Ratio:
- The Supreme Court clarified that Presidential Decree No. 1535 aimed to extend the relocation period for cockpits existing as of June 11, 1978.
- Dipolog Coliseum, Inc. was still legally operating its cockpit at that time, despite the Sporting Club's claims.
- The Court noted that while "ignoran...continue reading
Case Digest (G.R. No. L-53790)
Facts:
The case involves two petitions filed by One Heart Sporting Club, Inc., Angeles B. Cuenca, the Provincial Commander of Zamboanga del Norte, and the Cities of Dipolog and Dapitan against the Court of Appeals and Dipolog Coliseum, Inc. The events leading to the case began on May 9, 1974, when Presidential Decree No. 449, known as the "Cockfighting Law of the Philippines," was enacted. This decree mandated that cockpits must be constructed and operated in compliance with zoning laws, prohibiting their establishment near residential areas, schools, hospitals, and churches. Owners of existing cockpits were given three years to comply with these regulations. At the time of the decree, Dipolog Coliseum, Inc. was operating a cockpit in Miputac, Dipolog City, which was located in a prohibited area.
The three-year compliance period expired, and Presidential Decree No. 1140 was issued, extending the deadline for compliance by one additional year, until May 9, 1978. On May 10, 1978, One Heart Sporting Club, Inc. applied for a permit to construct a new cockpit in Sta. Filomena, Dipolog City, which was granted by the local mayor and approved by the PC Regional Commander on September 19, 1978. The Sporting Club was incorporated on the same day, and its sports complex was inaugurated shortly thereafter.
On September 29, 1978, it was reported that President Marcos had issued Presidential Decree No. 1535, which extended the deadline for existing cockpits to relocate until June 11, 1980. Dipolog Coliseum, Inc. requested permission from the City Mayor to resume operations based on this extension, but the PC Provincial Command den...