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1989 - American Indian Activist Russell Means testifies at Senate Hearing

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. Insular Collector of Customs, 52 Phil. The task of granting licenses to operate cockpits is lodged with City and Municipal Mayor with the concurrence of their respective Sanggunians. We do not agree. The spring cannot rise higher than its source. When Resolution No. Site and Constructions of cockpits. Article 10, Section 6. On August 13, , Resolution No. Petitioner appealed the said unfavorable judgment to respondent court which, on May 30, , issued the decision under consideration. 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 Commission and subject to its review and supervision. Thereafter, the aforesaid resolution classified certain areas of the city as residential zones, declaring, among others, the site of Coliseum as such. Respondents observe that they see no useful purpose in having said permits declared null and void since they are already functus officio. In sum, Block where Coliseum is located remains classified as a residential area, hence the operation of a cockpit therein is prohibited. The classification led to the cancellation of petitioner's license to operate the cockpit. Petitioner argues for the legality of Resolution No. And because of the nullity of the Mayor's permit, the Registration Certificate No. Court of Appeals, et al. 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 issued to petitioner. This is specifically granted to them by Section 4 of Presidential Decree No. Thereafter, Special Civil Action No. He contends that the three-fourths vote requirement under Section 6. 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:. It must be noted that certain requirements must be complied with before a license may issue. 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. 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:. This is not to say that the power to grant licenses is absolute. Therefore, the mayor's permits issued to private respondent are null and void. This power was validly exercised by said commission over Coliseum when it sought to stop the former's operations through the local officials. 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. Resolution No. 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. 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. Decision, p. 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. Nine 9 members of the said sangguniang panlungsod , participated, with four 4 members voting for the amendment, while four 4 voted against, and with one 1 abstention. Purisima and Hector C. Remotigue for private respondent. 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. The foregoing discussion brings us to the determinant legal query to be resolved, which is the validity of Resolution No. First, the rules and regulations promulgated by the Commission in connection with the operation of cockpits must be observed. And second, that there must be concurrence of the Sanggunians. Amendments to the zoning ordinance. Commission on Elections, et al.{/INSERTKEYS}{/PARAGRAPH} Review is a reconsideration or re-examination for purposes of correction. Luspo, Sr. 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. 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. 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 registration 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. 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 therein , was explained as follows:. C issued to movant is likewise null and void. Fule; Rollo , C was issued to petitioner on April 30, See Rollo , 36, Intermediate Appellate Court, et al. 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. On the first objection of petitioner, it is true that the PGC has the power not of control but only of review and supervision. Sec 6. Registration of cockpits. The vice-mayor, as presiding officer, broke the deadlock by voting for the amendment. 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 therein , was 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. Josefino B. In the enactment of ordinances in general, the application of the aforementioned laws cannot be disputed. 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. 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. Undeniably, however, Section 6. {PARAGRAPH}{INSERTKEYS}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. It did not whimsically order the suspension and the consequent stoppage of Coliseum's operations. SP No. 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. 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. 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. In the instant case, although the general law on the matter requires a mere majority, the higher requisite vote in Resolution No. Both decisions are in accord with one another. Orog sent a telegram to the Station Commander of Gingoog City to suspend in the meantime the operation of the cockpit. 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, , in CA-G. 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. Said amendments shall take effect only after approval and authentication by the HSRC. Feliciano A. 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:. By virtue of said Resolution No. 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. Sia for petitioner.