Case Summary (G.R. No. 149743)
Applicable Laws and Framework
The legal context is primarily governed by the Cockfighting Law of 1974, which limits the number of cockpits to one per municipality, or two if the population exceeds 100,000. However, the Local Government Code of 1991 subsequently granted municipal governments the authority to license and regulate cockpits, potentially conflicting with earlier restrictions under the Cockfighting Law.
Factual Background
In 1974, the Cockfighting Law was enacted, limiting municipalities to one cockpit unless the population warranted more. The Local Government Code of 1991 empowered local officials in cities and municipalities to issue licenses for cockpits. The Sangguniang Bayan of Daanbantayan first established guidelines for cockpits through Municipal Ordinances Nos. 6 and 7. The latter ordinance permitted up to three cockpits in the municipality, a significant deviation from the Cockfighting Law.
Procedural History
Tan applied for a license to operate a cockpit, which was granted by Mayor Lamberto Te, leading PereAas to file a complaint seeking injunctive relief and damages, asserting the lack of legal basis for a second cockpit. The Regional Trial Court (RTC) initially issued a preliminary injunction but later ruled in favor of Tan, asserting that the local ordinances were valid, despite conflicting with the national law.
Court of Appeals Decision
PereAas appealed the RTC ruling. The Court of Appeals determined that while the Local Government Code did empower local authorities, it did not render the Cockfighting Law obsolete. The appellate court invalidated Ordinance No. 7 for contravening the Cockfighting Law, hence it ruled that Tan must be restrained from operating his cockpit in Daanbantayan.
Legal Questions Presented
The critical issues for resolution included whether the Local Government Code negated the Cockfighting Law and if a municipal ordinance's validity could be assessed in an action seeking only damages. The petitioners contended that the appellate court’s action was an unauthorized collateral attack on Ordinance No. 7, as the original complaint did not question its validity.
Judicial Reasoning
The Supreme Court recognized that the validity of Ordinance No. 7 was central to the examination of both the right to operate a second cockpit and the determination of damages sought by PereAas. The Court ruled that regardless of the powers conferred to the local government under the Local Government Code, the one-cockpit-per-municipality rule was still in effect under the Cockfighting Law. Thus, the local ordinance exceeded the powers granted by the national legislation.
Conclus
...continue readingCase Syllabus (G.R. No. 149743)
Case Overview
- The case revolves around the legal conflict concerning the number of cockpits permitted to operate within a municipality, particularly Daanbantayan, Cebu.
- It juxtaposes the national government's police power against the principle of local autonomy as enshrined in the Philippine Constitution.
- The Cockfighting Law of 1974 (Presidential Decree No. 449) limited the number of cockpits in municipalities based on population, while the Local Government Code of 1991 granted local governments more authority.
Legislative Background
- Cockfighting Law of 1974:
- Section 5(b) permits only one cockpit in municipalities with a population under 100,000; two cockpits for those exceeding this number.
- Local Government Code of 1991:
- Empowered local councils (sanggunians) to authorize and license cockpits, overriding prior laws to the contrary.
Facts of the Case
- In 1993, the Sangguniang Bayan of Daanbantayan enacted Municipal Ordinance No. 6, allowing cockpits based on population, which was later amended by Ordinance No. 7 to allow up to three cockpits.
- Leonardo Tan applied for a permit to operate a cockpit; this prompted Socorro Y. Perea, an existing operator, to file a complaint arguing there was no legal basis for a second cockpit.
- Perea sought damages and an injunction against Tan and local officials.
Proceedings in Regional Trial Court (RTC)
- The RTC initially g