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17 August 2019
The Facts:
Per our discussion, and the documents you have shown me, the following are the
pertinent facts:
The Criminal Investigation and Detection Group in Central Visayas (CIDG-7) raided a
cockpit arena in Barangay Estancia, Mandaue City on Monday, August 5, 2019, for
operating even on weekdays. Police Major Edwin Lacostales, who headed the raid, said
even if it has the permits, cockpits are only allowed during Sundays or when there are
fiesta celebrations in the certain place as mandated under Presidential Decree 449 or
the Cockfighting Law.
In contrast to the allegation of Mandaue City administrator Jamaal Calipayan that its
operation is covered by a 20-year-old local ordinance as a basis in authorizing the
issuance of the permit for cockfight activities, allowing D&C Coliseum to operate
cockfights even on weekdays.
Moreover, cases for violation of a national law on cockfighting have been filed against
370 individuals caught and arrested inside a cockpit arena during the raid. They will
face charges for violating PD 449, which states that cockfights can only be held on
Sundays, legal holidays, local fiestas, agricultural, commercial and industrial fairs,
carnivals, and expositions.
The main issue herein revolves in which law would prevail; PD 449 or the City
Ordinance.
Any local ordinance must comply with Presidential Decree 449 of May 9, 1974, or
Cockfighting Law of 1974. Sec 5 (d) PD 449 provides that cockfights shall be held only
in licensed cockpits:
On the other hand, most of those arrested last August 5 were bettors, who made the
raid the biggest haul of gamblers in recent history. Under PD 449, the bettors or
participants liable are only those who engaged in "any other kind of gambling" at the
cockpit during the cockfight. Not the bettors in the cockfight, unless the bettors are
being charged under another law.
Applicable Jurisprudence:
In the case of LEONARDO TAN vs. SOCORRO PEREÑA, G.R. No. 149743, February
18, 2005, it was held that a municipal ordinance must not contravene the Constitution or
any statute, otherwise, it is void. While the Local Government Code expressly repealed
several laws, the Cockfighting Law was not among them. Section 534(f) of the Local
Government Code declares that all general and special laws or decrees inconsistent
with the Code are hereby repealed or modified accordingly, but such clause is not an
express repealing clause because it fails to identify or designate the acts that are
intended to be repealed. The qualifying phrase “any law to the contrary notwithstanding”
in Section 447 (a)(3)(v) of the Local Government Code serves notice that it is the
Sangguniang bayan concerned alone which has the power to authorize and license the
establishment, operation, and maintenance of cockpits, and regulate cockfighting and
commercial breeding of gamecocks within its territorial jurisdiction.
Furthermore, in PHILIPPINE GAMEFOWL COMMISSION vs. HON. INTERMEDIATE
APPELLATE COURT, G.R. No. 72969-70, December 17, 1986, the Supreme Court
ruled that the municipal mayor has the power to "grant licenses and permits in
accordance with existing laws and municipal ordinances and revoke them for violation
of the conditions upon which they have been granted," and the Sangguniang Bayan is
authorized to "regulate cockpits, cockfighting and the keeping or training of gamecocks,
subject to existing guidelines promulgated by the Philippine Gamefowl Commission.
I appreciate the opportunity to advise you regarding this matter. Please let me know if
you wish to discuss further these issues. Thank you.
Sincerely yours,
APRIL B. SUMALINOG
Legal Counsel