GEORGIA ADLAWAN v. THE HON. INTERMEDIATE APPELLATE COURT, THE HON. REGIONAL TRIAL COURT, Branch XIII, Cebu City G.R. No. 73022. February 9, 1989.

REGALADO, J.:

Doctrine:

Presidential Decree No. 449 specifically states in Section 5 thereof that:" (c) Cockpits Site and Construction. — Cockpits shall be constructed and operated within the appropriate areas as prescribed in the Zoning Law or Ordinance. In the absence of such law or ordinance, the local executives shall see to it that no cockpits are constructed within or near existing residential or commercial areas, hospitals, school buildings, churches, or other public buildings. . .." 

Facts:

With the promulgation of Presidential Decree No. 449, otherwise known as the Cockfighting Law of 1974, which provided for the "one cockpit for every municipality" rule, the present controversy arose.

The findings of respondent trial court establish the Office of the Mayor of Minglanilla, Cebu, received a radio message from the Cebu Provincial Command of the Philippine Constabulary laying down the policy governing cockpits, the pertinent provisions of which state that: (1) only licensed municipal cockpits shall be allowed to operate in every municipality; (2) barrio cockpits, even if licensed shall not be allowed to operate; (3) if there is no municipal cockpit, a barrio cockpit may be allowed or considered a municipal cockpit when the mayor certifies to that effect; and (4) in no case shall the operation of more than one cockpit be allowed in every municipality. 

With the receipt of the aforesaid message, the question arose as to which cockpit shall remain to operate and which shall be closed, the final determination whereof was held in abeyance, with the municipal council of Minglanilla instead referring the matter to the Philippine Constabulary unit which had jurisdiction over the same. Thereafter, the Provincial Command rendered a decision, upholding the Coliseum, private respondents’ cockpit, as the municipal cockpit of Minglanilla, Cebu. The then operator of the barrio cockpit Bag-Ong Bulangan, or Gallera as previously indicated, appealed the decision to the Zone Commander who in turn referred the matter back to said municipal council.

Thereafter, the Committee on Laws and Ordinances of the Municipal Council of Minglanilla submitted a report on the cockpit controversy, which was adopted  and later approved by the Municipal Council recommending the retention and certification of the Bag-Ong Bulangan, or the Gallera, as the municipal cockpit of Minglanilla. 

Issue: 

Whether the decision of respondent trial court is illegal for having been rendered with obvious disregard of existing laws and is, therefore, null and void.

Ruling: 

No. It is clear from the statutory provision that it is discretionary upon the municipal council to fix the location of cockpits in their jurisdiction and determine the allowable distance thereof from public buildings, thru the passage of a municipal ordinance. Republic Act No. 1224, however, specifically prohibits the retroactive application of any such municipal ordinance to cockpits already existing at the time of its enactment, specifically with respect to the fixing of distances at which said cockpits may be established.

In accordance therewith and as hereinbefore stated, the Municipal Council of Minglanilla passed Ordinance No. 4 on February 9, 1969 which provided that municipal cockpits must be at least 50 lineal meters away from public buildings.