Case Summary (G.R. No. 155344)

Background of the Case

• Legal Context: The case revolves around the establishment and operation of a cockpit in Sitio Cabuya, San Roque, Bula, Camarines Sur.
• Initial Authorizations:
  • On July 27, 1998, the Sangguniang Bayan of Bula passed Resolution No. 049, allowing Rolando N. Canet to operate a cockpit.
  • In 1999, Ordinance No. 001 was introduced but later withdrawn due to lack of necessary rules and regulations.

Denial of Mayor's Permit

• Mayor's Action: Respondent Mayor Julieta A. Decena denied Canet's application for a mayor's permit, citing the absence of an appropriate ordinance as per the Local Government Code of 1991.
• Legal Basis: The Local Government Code, specifically Section 447(a)(3)(v), vests authority in the Sangguniang Bayan for licensing and regulation of cockpits.

Legal Proceedings

• Initial Complaint: On July 26, 1999, Canet filed a complaint for Mandamus and Damages with the Regional Trial Court.
• Court Decision: The trial court initially issued a writ of preliminary mandatory injunction, compelling the Mayor to issue the permit.
• Appeal: Mayor Decena sought to annul this decision through a petition for certiorari and prohibition at the Court of Appeals.

Court of Appeals Ruling

• Decision Date: June 3, 2002.
• Outcome: The Court of Appeals annulled the trial court's injunctions and confirmed that the Mayor could not be compelled to issue the permit without an ordinance.

Legal Principles and Provisions

Authority of Sangguniang Bayan

• Definition: The Sangguniang Bayan is the legislative body of the municipality responsible for enacting ordinances and approving resolutions.
• Key Provision: Section 447(a)(3)(v) of the Local Government Code specifies that the Sangguniang Bayan has exclusive authority to authorize and license cockpits.

Legislative Gaps and Judicial Interpretation

• Legal Principle: Courts cannot fill legislative gaps or expand the scope of statutes beyond their explicit provisions.
• Judicial Limitations: The judiciary cannot create or insert provisions into laws that were not included by the legislature, maintaining strict adherence to the law’s language.

Consequences of the Ruling

• Implications for Petitioner: Canet cannot operate the cockpit without a valid municipal ordinance authorizing such activity.
• Administrative Prerogatives: The ruling reinforces the Mayor's administrative discretion under the Local Government Code.

Key Takeaways

• The authority to issue permits for operating cockpits lies solely ...continue reading

Case Syllabus (G.R. No. 155344)

Case Background

• On July 27, 1998, the Sangguniang Bayan of Bula, Camarines Sur, enacted Resolution No. 049, authorizing Rolando N. Canet to establish, operate, and maintain a cockpit in Sitio Cabaya, San Roque.
• Subsequent to this, the Sangguniang Bayan passed Ordinance No. 001, Series of 1999, aimed at regulating the operation of cockpits and related game fowl activities.
• The ordinance was returned to the Sangguniang Bayan by the respondent, Mayor Julieta A. Decena, due to the absence of rules and regulations on cockfighting and a separability clause.
• The Sangguniang Bayan later resolved to withdraw and shelf Ordinance No. 001 indefinitely via Resolution No. 078, Series of 1999.

Application for Mayor's Permit

• Relying on Resolution No. 049, Canet applied for a mayor's permit to operate the cockpit.
• Mayor Decena denied the application, citing that the Local Government Code of 1991 bestows the authority to grant licenses for such operations solely on the Sangguniang Bayan, hence no ordinance existed to support Canet's application.

Legal Proceedings

• On July 26, 1999, Canet filed a complaint against Mayor Decena in the Regional Trial Court for Mandamus and Damages, requesting a preliminary mandatory injunction.
• The tr...continue reading