Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT A. Francisco Gold Condominium IL, EDSA cor. Mapagmahal St., Diliman, Quezon City LEGAL SERVICE DILG OeHadK NG as, 2006 08 March 2006 MAYOR ELPIDIO F. BARZAGA, JR. Dasmariiias, Cavite -and- ATTY. FERNANDO C, CAMPOS: Chairman, Inter-Petal Recreational Corporation Bohol Mansion, No. 43, Bohol Avenue cor. Scout Albano Street, Quezon City RE: WHETHER OR NOT THE SANGGUNIANG BAYAN OF DASMARINAS HAS THE AUTHORITY TO GRANT A “TELESABONG” FRANCHISE Gentlemen: This has reference to your separate letters regarding the abovestated subject matter vis-a-vis the purported license given by PAGCOR to PHILWEB, for the latter's operation of the same activity in the Municipality of Dasmariftas. Let it be stressed at the outset that for lack of information on the purported PAGCOR issued license to PHILWEB, to operate a Tele-Sabong at Dasmarinas, Cavite such matter shall not be tackled herein. Further, should there be indeed a license issued by PAGCOR to PHILWEB, which might consequently result to a dispute between the latter and InterPetal Recreational Corporation (IPRC) which shall necessitate adjudication of rights and clamors, it should be the Courts and not this Department that must resolve the same. In reply to the instant issue, we opine in the affirmative. The Republic of the Philippines is governed by a presidential form whereby the three (3) co-equal branches in government, namely: (a) executive branch; (b) legislative branch; and (c) the judicial branch perform separate but interdependent functions. The executive branch is tasked to implement and enforce the laws; the legislative branch enacts said laws, while the judicial branch interprets the acts of the executive and the legislative branches vis-a-vis their Constitutionality. Worthy to note is that with regard to enactment of laws, Congress has the Constitutional duty to enact all laws, whether national or local laws.-2- However, Congress has deemed it wise to delegate the enactment of local laws to the respective local government units. Such being the case, Section 48 of the Local Govemment Code of 1991 (RA 7160) delegated unto the local sanggunians (1e., Sangguniang Panlalawigan, Sangguniang Panlungsod, Sangguniang Bayan and Sangguniang Barangay) the power to legislate local laws for their respective local governance. This is what we call delegation of powers and administration. In view of this delegated power to the local sanggunians, the latter were given by Congress the authority to grant franchises, enact ordinances authorizing the issuance of permits or licenses, or enact ordinances levying taxes, fees and charges upon such conditions and for such purposes intended to promote the general welfare of its inhabitants (Secs. 447 (a) (3); 458 (a) (5) and 468 (a) (3), BA 7160). Corollary thereto, cities and municipalities, through their sanggunians, have been authorized by law to license the establishment, operation and maintenance of cockpits, and regulate cockfighting and commercial breeding of gamecocks (Sec. 447 (a) (3) (v) and 458 (a) (3) (v)). May it be noted, however, that the power of the city or municipality to issue license and regulate the establishment of cockpits and the conduct of cockfights are nonetheless subject to the pertinent provisions of PD 449 (Cockfighting Law), the latter not having been repealed by RA 7160. Parenthetically, local sanggunians are empowered to regulate the establishment, operation and maintenance of entertainment amusement facilities, including theatrical performance, circuses, billard pools, public dancing schools, public dance halls, sauna baths, massage parlors and other places of entertainment or amusement (Sec. 447 (a) (4) (vii) and 458 (a) (4) (vil). Harmonizing the two enumerated powers of the local sanggunians in relation to the case at bar would lead to the inevitable conclusion that the Sangguniang Bayan of Dasmarinas has the authority to grant a “Tele-Sabong* franchise, subject to the guidelines and requirement that the said body may promulgate, and the authority to regulate the places where the said activity is to be undertaken. It is therefore incumbent upon the local legislative body to exercise its wisdom and discretion to determine the cause and effect of the operation of a Tele-Sabong activity within its territorial jurisdiction. Moreover, may it be noted that local government units enjoy both local and fiscal autonomies. Fiscal autonomy for that matter refers to the power of the LGUs to “create their own sources of revenue” and “to allocate their resources in accordance with thelr own priorities” (DILG Op. No. 35, s. 2004, citing Pimentel vs. Aguirre, G.R. No. 132988, 19 July 2000). Verily, we are not incognizant of the fact that the operation of Tele-Sabong would be a source of revenue for a given local government unit, provided that its establishment, operation and fiscal administration and enforcement are undertaken within the parameters of the Constitution and existing statutes.-3- Our above ratiocination is shared by no less than the Secretary of Justice, Honorable Raul M. Gonzales, Sr., when he opined through the hereto attached DOJ Opinion No. 5, s. 2006 that: "Being a game or a sport, cockfighting or ‘sabong’, in general, and ‘tele-sabong’, in particular, clearly and squarely falls within the regulatory and franchise-granting powers or authority of the concerned municipal corporations, the presence of bettors and bet takers, in both, notwithstanding Finally, may we stress that LGUs are bound to ensure that in the conduct of the tele-sabong activities, minors should never be allowed to participate therein directly or indirectly. We hope to have enlightened you on the matter. Very truly yours, GJ. EMGTERIO 8, MORENO, JR. v Director ML Legat87/te