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  • 614 Lim Vs Pacquing (Dones)

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    This case involved a dispute over the authority to regulate jai-alai games between the City of Manila and the Games and Amusements Board. Presidential Decree No. 771 revoked all powers of local governments to grant franchises for gambling, including jai-alai. In 1988, Associated Development Corporation tried to operate a jai-alai by relying on a franchise granted by the City of Manila in 1971, prior to Presidential Decree No. 771. However, the Supreme Court upheld Presidential Decree No. 771 and found that it revoked all local government franchises for gambling, including the one granted to Associated Development Corporation. The Court also found that Presidential Decree No. 7

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    614 Lim vs Pacquing [Dones]

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    This case involved a dispute over the authority to regulate jai-alai games between the City of Manila and the Games and Amusements Board. Presidential Decree No. 771 revoked all powers of local governments to grant franchises for gambling, including jai-alai. In 1988, Associated Development Corporation tried to operate a jai-alai by relying on a franchise granted by the City of Manila in 1971, prior to Presidential Decree No. 771. However, the Supreme Court upheld Presidential Decree No. 771 and found that it revoked all local government franchises for gambling, including the one granted to Associated Development Corporation. The Court also found that Presidential Decree No. 7

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    52 views1 page

    614 Lim Vs Pacquing (Dones)

    Uploaded by

    Julius Manalo
    This case involved a dispute over the authority to regulate jai-alai games between the City of Manila and the Games and Amusements Board. Presidential Decree No. 771 revoked all powers of local governments to grant franchises for gambling, including jai-alai. In 1988, Associated Development Corporation tried to operate a jai-alai by relying on a franchise granted by the City of Manila in 1971, prior to Presidential Decree No. 771. However, the Supreme Court upheld Presidential Decree No. 771 and found that it revoked all local government franchises for gambling, including the one granted to Associated Development Corporation. The Court also found that Presidential Decree No. 7

    Copyright:

    © All Rights Reserved
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    of 1

    (case no.

    614)

    LIM v. PACQUING
    G.R. No. 115044
    January 27, 1995
    Art. III

    FACTS:
    The Charter of the City of Manila was enacted by Congress on 18 June 1949 (R.A. No.
    409). On 1 January 1951, Executive Order No. 392 was issued transferring the authority to
    regulate jai-alais from local government to the Games and Amusements Board (GAB). On 07
    September 1971, however, the Municipal Board of Manila nonetheless passed Ordinance No.
    7065 entitled “An Ordinance Authorizing the Mayor To Allow And Permit The Associated
    Development Corporation To Establish, Maintain And Operate A Jai-Alai In The City Of
    Manila, Under Certain Terms And Conditions And For Other Purposes.”
    On 20 August 1975, Presidential Decree No. 771 was issued by then President Marcos.
    The decree, entitled “Revoking All Powers and Authority of Local Government(s) To Grant
    Franchise, License or Permit And Regulate Wagers Or Betting By The Public On Horse And
    Dog Races, Jai-Alai Or Basque Pelota, And Other Forms Of Gambling”, in Section 3 thereof,
    expressly revoked all existing franchises and permits issued by local governments.
    In May 1988, Associated Development Corporation (ADC) tried to operate a Jai-Alai.
    The government through Games and Amusement Board intervened and invoked Presidential
    Decree No. 771 which expressly revoked all existing franchises and permits to operate all forms
    of gambling facilities (including Jai-Alai) by local governments. ADC assails the
    constitutionality of P.D. No. 771.

    ISSUES:
    1. Whether P.D. No. 771 is violative of the equal protection and non-impairment clauses of
    the Constitution.
    HELD:
    1. No.
    There is nothing on record to show or even suggest that PD No. 771 has been repealed,
    altered or amended by any subsequent law or presidential issuance (when the executive still
    exercised legislative powers).
    Neither can it be tenably stated that the issue of the continued existence of ADC’s
    franchise by reason of the unconstitutionality of PD No. 771 was settled in G.R. No. 115044, for
    the decision of the Court’s First Division in said case, aside from not being final, cannot have the
    effect of nullifying PD No. 771 as unconstitutional, since only the Court En Banc has that power
    under Article VIII, Section 4(2) of the Constitution.
    And on the question of whether or not the government is estopped from contesting
    ADC’s possession of a valid franchise, the well-settled rule is that the State cannot be put in
    estoppel by the mistakes or errors, if any, of its officials or agents. (Republic v. Intermediate
    Appellate Court, 209 SCRA 90)

    Prepared by: Antonio Miguel M. Dones 1

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