Title
Manila Jockey Club, Inc. vs. Montano, Jr.
Case
G.R. No. L-24465
Decision Date
Feb 28, 1977
Manila Jockey Club sought a permit for horse racing on Manila Foundation Day, denied by GAB. Lower court granted permit, but appeal dismissed as moot due to passed date and repealed law.

Case Summary (G.R. No. L-24465)

Relevant Dates

The petitioner applied for the permit on June 18, 1964. The Games and Amusements Board denied the request that same day based on a letter from the Acting Executive Secretary. The petitioner filed a petition for certiorari with a motion for a preliminary mandatory injunction on June 23, 1964. The lower court issued the injunction the same day, while its final decision was rendered on February 17, 1965.

Applicable Law

The decision revolves around Republic Act No. 309, which, as amended by Republic Act No. 983, governs the conduct of horse racing in the Philippines. The law specifies that horse races may only occur on legal holidays established by law for the entire country, explicitly excluding special public holidays designated for particular cities or regions.

Facts Leading to the Petition

On June 18, 1964, Manila Jockey Club submitted an application to hold horse racing on June 24, 1964, in light of "Araw ng Maynila" declared by Presidential Proclamation No. 257. The Games and Amusements Board, however, rejected the application, citing advisory instructions from the Acting Executive Secretary that indicated special public holidays did not qualify under the statute for horse racing operations.

Legal Proceedings

Dissatisfied with the Board's refusal, the Manila Jockey Club sought judicial remedy through a petition for certiorari, arguing that the denial contravened their entitlement to conduct racing based on acknowledged public holidays. They requested that the court order the Board to issue the necessary permit and cease interference with their planned activities.

Lower Court's Findings

The Court of First Instance ruled in favor of the Manila Jockey Club, determining that their interpretation of the holidays included in practice for horse racing was valid, despite the Board’s contrary ruling. The court thus declared the actions of the Games and Amusements Board as constituting grave abuse of discretion.

Grounds for Appeal

The respondents-appellants contested the lower court's ruling on the grounds that special public holidays do not equate to legal holidays for purposes defined by Republic Act No. 309. The appeal further asserted that the underlying legal justification for the judgment had since become moot, given that Republic Act No. 309 had been repealed b

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