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It bears mention, however, that the issue in this case is the validity of the city mayor's permits of April 22, and January 5, and the nullity whereof is affirmed in this opinion. Resolution No. Sia for petitioner. By virtue of said Resolution No. We do not agree. He contends that the three-fourths vote requirement under Section 6. Lugod, issued to petitioner the aforestated permit to operate a cockpit dated April 2, , which was renewed by another permit issued on January 5, Private respondent Gingoog Gallera, Inc. Purisima and Hector C. The foregoing discussion brings us to the determinant legal query to be resolved, which is the validity of Resolution No. Fule; Rollo , C was issued to petitioner on April 30, See Rollo , 36, Intermediate Appellate Court, et al. Remotigue for private respondent. It must be noted that certain requirements must be complied with before a license may issue. First, the rules and regulations promulgated by the Commission in connection with the operation of cockpits must be observed. In the instant case, although the general law on the matter requires a mere majority, the higher requisite vote in Resolution No. Amendments to the zoning ordinance. Petitioner argues for the legality of Resolution No. Review is a reconsideration or re-examination for purposes of correction. Orog sent a telegram to the Station Commander of Gingoog City to suspend in the meantime the operation of the cockpit. In sum, Block where Coliseum is located remains classified as a residential area, hence the operation of a cockpit therein is prohibited. Thereafter, the aforesaid resolution classified certain areas of the city as residential zones, declaring, among others, the site of Coliseum as such. On August 13, , Resolution No. Respondents observe that they see no useful purpose in having said permits declared null and void since they are already functus officio.

SP which affirmed the judgment 2 rendered by the Regional Trial Court of Gingoog City, declaring the city mayor's permits 3 issued in favor of petitioner Robinson V. On this aspect of the corresponding powers of the PGC and the local authorities, respondent court amply clarified in its resolution of October 27, the position it had taken in its main opinion, thus: With respect to private respondent-appellant's herein petitioner Motion for Reconsideration his interpretation that the decision of the First Division of this Court, promulgated on April 28,casino v court of appeals 1991 CA-G.

On April 25,the trial court issued a writ of preliminary injunction enjoining petitioner to desist from operating the Coliseum until the PGC shall have finally decided the controversy between petitioner and private respondent Gallera.

Where there is in the same statute a particular enactment and also a general one which in its most comprehensive sense would include what is embraced in the former, the particular enactment must be operative, and the general statement must be taken to affect only such cases within its language as are not within the provisions of the particular enactment.

The pertinent provisions in the aforesaid city charter and the Local Government Code obviously are of general application and embrace a wider scope or subject matter. Decision, p. This weighty consideration, which should actually be the principal basis for the nullification by respondent court of the two mayor's permits issued to petitioner private respondent-appellant thereinwas explained as follows:.

Although the charter of the City of Gingoog and the Local Government Code require only a majority for the enactment of an ordinance, Resolution No. No cockpit shall be allowed to operate without the proper registration certificate being secured annually, not later than January In the case at bar, there was no casino v court of appeals 1991 certificate issued, much less authorization to operate given by the PGC to the private respondent-appellant, a condition precedent before a grant of mayors permit or license to conduct cockfighting.

The spring cannot rise higher than its source. The classification led to the cancellation of petitioner's license to operate the cockpit. Site and Constructions of cockpits. Both decisions are in accord with one another. It asserted that the classification of Coliseum's site as still within the residential zone of Gingoog City was accordingly maintained and unchanged, thereby rendering the mayor's permits issued to the latter null and void for being in violation of Section 6 of the Rules and Regulations of the PGC.

This is specifically granted to them by Section 4 of Presidential Decree No. Sec 6. Go here, the mayor's permits issued to private respondent are null and click to see more. When Resolution No.

And because of the nullity of the Mayor's permit, the Registration Certificate No. Nine 9 members of the said sangguniang panlungsodparticipated, with four 4 members voting for the amendment, while four 4 voted against, and with one 1 abstention.

Hence, this present recourse, after petitioner's motion for reconsideration was denied for lack of merit on October 27, In his memorandum, petitioner takes issue with what he conceives as respondents' erroneous contentions that:.

Said amendments shall take effect only after approval and authentication by the HSRC. This power was validly exercised by said commission over Coliseum when it sought to stop the former's operations through the local officials. Rather, PGC only exercised its power of review over the acts performed by the local authorities in relation to or which affect the exercise of its functions.

This weighty consideration, which should actually be the principal casino v court of appeals 1991 for the nullification by respondent court of the two mayor's permits issued to petitioner private respondent-appellant thereinwas explained as follows: The rules and regulations promulgated by the Commission on June 1, in connection with the operation of all cockpits in the Philippines particularly Section 6 and 12 thereof reads as follows: Sec.

The rules and regulations promulgated by the Commission on June 1, in connection with the operation of all cockpits in the Philippines particularly Section 6 and 12 thereof reads as follows:. C issued to movant is likewise null and void. Josefino B. Court of Appeals, et al.

Luspo, Sr. We agree, however, with the stance taken respondent court that this adjudication would still be in order since it can hereafter serve as a guide for the proper and legal issuance of mayor's permits to cockpits owners.

City and Municipal Mayors with the concurrence of their respective Sanggunians shall have the authority to license and regulate regular cockfighting pursuant to the rules and regulations promulgated by the Visit web page and subject to its review and supervision.

This is not to say that the power to grant licenses is absolute. On the first objection of petitioner, it is true that the PGC has the power not of control but only of review and supervision. The vice-mayor, as presiding officer, broke the deadlock by voting for the amendment.

The task of granting licenses to operate cockpits is lodged with City and Municipal Mayor with the concurrence of their respective Sanggunians. PGC may, for that purpose and as it did here, indicate its disapproval of the acts of the local officials concerned 11 to stress and perform its role with respect to the regulation of cockpits.

And second, that there must be concurrence of the Sanggunians. On this aspect of the corresponding powers of the PGC and the local authorities, respondent court amply clarified in its resolution of October 27, the position it had taken in its main opinion, thus:. Undeniably, however, Section 6.

Feliciano A. Article 10, Section 6. In the enactment of ordinances in general, the application of the aforementioned laws cannot be disputed. The protest was founded on the fact that no certificate of registration had as yet been issued by the PGC, 5 although city mayor's permits were casino v court of appeals 1991 to petitioner.

Obviously, the PGC did not grant the private respondent-appellant the proper registration certificate to operate his cockpit because the same was not constructed within the appropriate areas as prescribed in zoning laws or ordinances of Gingoog City pursuant to Section 6 of Rules and Regulation of the PGC.

It did not whimsically order the suspension and the consequent stoppage of Coliseum's operations. As pertinently quoted, justice demands that we act then, not only for the vindication of the outraged rights, though gone, but also for the guidance of and as a restraint upon the future.

Thereafter, Special Civil Action No. The power of review is exercised to determine whether it is necessary to correct the acts of the subordinate and to see to it that he performs his duties in accordance with law.

Petitioner appealed the said unfavorable judgment to respondent court which, on May 30,issued the decision under consideration. SP No. Commission on Elections, et al.

Registration of cockpits. Insular Collector of Customs, 52 Phil. With respect to private respondent-appellant's herein petitioner Motion for Reconsideration his interpretation that the decision of the First Division of this Court, promulgated on April 28, , in CA-G. On April 24, , the PGC eventually sent a telegram to the city mayor to stop any cockfight in the Coliseum in view of its failure to register with the PGC. However, the writ of preliminary injunction ordered by the trial court to be made permanent was deleted in the appealed decision, the former having theretofore been dissolved. Resolving the case on July 25, , the trial court rendered judgment in favor of private respondent, declaring the aforesaid mayor's permits null and void and ordering herein petitioner and all persons representing him or acting in his behalf from further operating the cockpit in question.